Data Localization Laws and Policy
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Data Localization Laws and Policy

The EU Data Protection International Transfers Restriction Through a Cloud Computing Lens

W. Kuan Hon

Countries are increasingly introducing data localization laws, threatening digital globalization and inhibiting cloud computing adoption despite its acknowledged benefits. This multi-disciplinary book analyzes the EU restriction (including the Privacy Shield and General Data Protection Regulation) through a cloud computing lens, covering historical objectives and practical problems, showing why the focus should move from physical data location to effective jurisdiction over those controlling access to intelligible data, and control of access to data through security.
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Chapter 7: Access and security

The EU Data Protection International Transfers Restriction Through a Cloud Computing Lens

W. Kuan Hon

Abstract

• Data protection laws’ objectives. • Control access to control use/disclosure/condition. Security: confidentiality, integrity, availability (CIA), intelligible access; Directive Arts.16–17, GDPR. • Backups, authentication/authorization, physical access. Cloud’s shared responsibility. • Logical/physical security for compliance: relevance, risks, mitigation. • Encryption (at rest, in transmission), key management. Intelligible access, legal obligations (processors/subprocessors). Tokenization. Cloud encryption/tokenization gateways. • Encryption: costs/performance, operations, ‘snake oil’ (security expertise), breakability, implementations, nation-states’ decryption/cracking, alternatives e.g. IFC. Integrity, availability. • Unauthorized intelligible access: co-tenants, hackers, insiders (controllers/processors). Mitigation through contract, structure e.g. ‘data trustee’. Processor obligations: use/disclosure, security (cf. ‘instructions’). • Deletion – degrees; contractual constraints, risk-based approach. Define ‘deletion’. • Providers’ compliance: physical datacentre inspections/audits: logical vs physical security, logs. • Authorities’ access. Effective jurisdiction to compel disclosures, cf. The Pirate Bay (cloud, encryption). Interception without providers’ knowledge/cooperation – communications links; data location. Mass/bulk data collection/surveillance by states/governments. Jurisdictional conflicts, GDPR’s ‘anti-FISA’ Art.48. International agreement on surveillance’s limits/oversight. Keywords: information security, confidentiality, integrity, availability, encryption, mass state surveillance

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