Cloud Computing and Risk: A look at the EU and the application of the Data Protection Directive to cloud computing

Ostrzenski, Victoria Cloud Computing and Risk: A look at the EU and the application of the Data Protection Directive to cloud computing. infopreneurship journal, 2013, vol. 1, n. 1, pp. 29-38. [Journal article (Paginated)]

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English abstract

The use of cloud services for the management of records presents many challenges, both in terms of the particulars of data security as well the need to sustain and ensure the greater reliability, authenticity, and accuracy of records. To properly grapple with these concerns requires the development of more specifically applicable and effective binding legislation; an important first step is the examination and identification of the risks specific to cloud computing coupled with an evaluation of presently applicable legislation. Within the context of the European Union, this type of analysis centres on the Data Protection Directive (Directive 95/46/EC), and its related instruments. This article examines the present legal framework governing cloud computing in the EU today, and highlights how the various Articles of the Data Protection Directive can be linked to particular concerns about the cloud in order to better safeguard users and providers engaged in cloud computing.

Item type: Journal article (Paginated)
Keywords: cloud computing, risk, Data Protection Directive
Subjects: J. Technical services in libraries, archives, museum.
Depositing user: mr mahmood khosrowjerdi
Date deposited: 15 Oct 2013 11:41
Last modified: 02 Oct 2014 12:27
URI: http://hdl.handle.net/10760/20201

References

Article 29 Data Protection Working Party. 2010. Opinion 1/2010 on the concepts of “controller” and “processor,” WP 169.

Article 29 Data Protection Working Party. 2012. Opinion 05/2012 on Cloud Computing, WP 196.

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, 1995, O.J. L 281/31.

Duranti, L. 2012. “Records in the Cloud: Towards Interpares Trust.” Paper presented at Fondazione Rinascimento Digitale, Florence, Italy, December. Accessed March 18, 2013. http://www.rinascimento-digitale.it/conference2012/paper_ic_2012/duranti_paper.pdf.

Duranti, L. 2013. “Records in the Cloud.” Accessed March 18, 2013. http://www.recordsinthecloud.org.

European Commission. 2012a. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Unleashing the Potential of Cloud Computing in Europe, O.J. C (/* COM/2012/0529 final */).

European Commission. 2012b. Proposal for a Directive of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, COM 2012/10. Fordham International Law Journal. 2011. “A Citation Manual for European Union Materials 2010-2011 Edition.” Fordham International Law Journal 34: 25-27. Accessed March 18, 2013. http://filj.lawreviewnetwork.com/files/2011/10/EU_Citation_Manual_2010-2011_for_Website.pdf.

Ismail, N. 2011. “Cursing the Cloud (or) Controlling the Cloud?” Computer Law and Security Review 27, no. 3: 250-57.

Pearson, S., and Charlesworth, A. 2009. “Accountability as a Way Forward for Privacy Protection in the Cloud.” Lecture Notes in Computer Science 59: 131-44.

Stuart, K., and Bromage, D. 2010. “Current State of Play: Records Management and the Cloud.” Records Management Journal 20, no. 2: 217-25.


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