CLOUD AND SECURITY: A LEGISLATOR'S PERSPECTIVE 6/7/2013

BIGGEST INHIBITOR TO THE ADOPTION OF CLOUD COMPUTING Data Security?

SENSITIVE DATA IN THE CLOUD More data, more storage, more risks Identifiable personal information examples Credit card information Medical records Tax records Customer account records Human resources information Banking and insurance records Browsing history, s and other communication “Metadata” Sensitive personal data?

CLOUD SECURITY - STAKEHOLDERS Data collector/owner Outsourcing: How to select a cloud vendor? How to maintain direct control to safeguard data integrity? Cloud service providers How to satisfy data residency and privacy requirements How to remain flexible and provide cost- effective service? Regulator Formulation of relevant standards and practices How to ensure adoption and compliance? Would sensitive data end up overseas? Customers/end- users Are my data safe in the cloud? Would I know if there is security or privacy breach?

ISSUES ON CLOUD SECURITY Security Is the data protected from theft, leakage, spying or attacks? What is the level of control and protection? Residency Where is the data stored? geographically disbursed? What to do with data in transit & outside territory? Privacy Who can see personally identifiable information (PII)? Storing, transferring, locating and protecting PII

Challenges of cloud and security Maintaining ownership and control of data Info on 3 rd party service and distributed infrastructure Deliver resiliency, availability and flexibility of cloud services

COMPLIANCE REQUIREMENTS Some countries have laws restricting storage of data outside their physical country borders: India, Switzerland, Germany, Australia, South Africa and Canada EU: Data Protection Directive; Safe Harbor Principles – no sending PII outside European Economic area unless protections guaranteed USA: US Patriot Act, 40+ states have breach notification laws (25 states have exemption for encrypted personal data) Canada: Freedom of Information and Protection of Privacy Act

HONG KONG Section 33(2)(f) of Personal Data (Privacy) Ordinance, Standard discussions through HK/Guangdong Expert Committee on Cloud Computing Services and Standards Guidelines and information via infocloud.gov.hk

Can we still trust the ‘cloud’? What are the local laws that govern data being collected, transferred and stored? State-sponsored attacks?

INTERCEPTION OF COMMUNICATIONS – GOVERNMENT BODIES/OFFICIALS Article 30 of the Basic Law specifies that the freedom and privacy of communication of Hong Kong residents shall be protected by law. Interception of Communications and Surveillance Ordinance (Cap 589) -- since 2006 Regulate law enforcement agencies’ lawful interception of communications and covert surveillance operations for the prevention and detection of serious crimes and the protection of public security. Not applicable to non-public officers, and cannot be used to apply to non-governmental bodies and individuals. LEAs are required by the ICSO to obtain an authorization from a panel judge or a designated authorizing officer prior to any interception of communications and covert surveillance operations.

INTERCEPTION OF COMMUNICATIONS – NON-GOVT PERSONS/BODIES s24 of Telecommunications Ordinance (Cap 106) does not allow a telecommunications officer, or any person who, though not a telecommunications officer, has official duties in connection with a telecommunications service to wilfully intercept any message s27 of Telecommunications Ordinance (Cap 106) imposes prohibition on any person who damages, removes or interferes with a telecommunications installation with intent to intercept or discover the contents of a message s29 of the Post Office Ordinance (Cap 98) states that no person shall open any postal packet or take any of the contents out of any postal packet or have in his possession any postal packet or mail bag or any of the contents of any postal packet or mail bag or delay any postal packet or mail bag If such activities involve the collection of personal data, they are subject to the provisions of the Personal Data (Privacy) Ordinance. The hacking of the computer system is dealt with mainly by section 161 of the Crimes Ordinance (Cap 200) (obtains access to a computer with intent to commit an offence or with a dishonest intent) and section 27A of the Telecommunications Ordinance (Cap 106) (by telecommunications, obtains unauthorized access to any computer).

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