Goh, Elaine. "Clear Skies or Cloudy Forecast?: Legal Challenges in the Management and Acquisition of Audiovisual Materials in the Cloud," Records Management Journal 24:1 (2014), p.56-73.
Existing Citations
cross-border data flow (p.60): Although the cloud computing environment facilitates transborder data flow across countries, records-related legislation is still largely based on the principle of territoriality. The territoriality principle is one of the basic jurisdictional principles, and states that any act committed in the physical territory of a jurisdiction will be tried under the laws of that jurisdiction (Ryngaert, 2008). The recent changes to the licensing rules stipulated in the Broadcasting (Class Licence) Notification (c. 28. 2013) in Singapore is an example of how countries still subscribe to the principle of territoriality, which conflicts with the borderless nature of the cloud. (†1655)
cross-border data flow (p.59): Transborder data flow is defined as the “movement across national boundaries of computerized, machine-readable data for processing, storage, or retrieval” (United Nations Center on Transnational Corporations, 1982, p. 8). Although this definition was used by the United Nations in 1982, well before the advent of cloud computing, it is still relevant in a cloud environment, as it conveys the continuous movement of data across
national boundaries. In fact, Industry Canada’s Report on the Trilateral Committee on Transborder Data Flows (2010) highlighted that while the concept has not changed since the 1980s, “technological advances and ever-increasing efficiencies applied to existing technologies have expanded the scope of transborder data flows.” There are multiple juridical systems to be taken into consideration in a cloud computing
environment: the legal system of the cloud service provider, the legal system of the cloud customer, the legal system of the place where the data centers storing the data/records are located, and the legal system of the individuals to which the data/records are related (McCullagh, 2012). This involvement of multiple juridical systems means that in case of litigation, it may be very difficult to establish the relevant jurisdiction because “nationality is not a quality attributable to data” but it is “an attribute to an individual person” (Poullet et al., 2010, p. 9). Claims of breaches in privacy, data protection, and copyright could be extremely difficult to resolve (Weber, 2013). (†1656)
