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Will the 'Patriot Act' encourage you to host your data in Canada?
The American Patriot Act permits U.S. law enforcement officials, for the purpose of an anti-terrorism investigation, access to the personal records of anyone without that person’s knowledge.Law enforcement can obtain information about Canadians (or other) whose information might be handled under a contract between the federal government and a U.S.-based company. Your cloud processes could be affected by actions taken by agencies under the Patriot Act on another system, corporation or person with whom you share a common infrastructure.
What will this law mean to your business, particularly if it is hosted in the States?
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2 Answers
Not at all !!!!!!!
Two problems with this. The first is that the location of your data is not your only or even primary concern. The ownership of the cloud provider or hosting company is just as important. If you locate your data outside of the borders of your country but still with a company that is owned within your country, the laws of that country still mostly apply. Secondly - Canada has legislation that is very similar to the patriot act that gives governments the ability to seize data without much process. Bill C-30, the "lawful access bill" has provisions very similar to the Patriot Act and will be passed soon. The EU and other nations/governments have similar legislation. We like to focus on the US in this context but the challenges are worldwide.
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