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Lawyers in the Cloud. – The Australian Cloud Workplace. The Cloud. Because of three factors Computer capacity Connection speeds Web Must have elements Internet-based Always available Reliably secure. – The Australian Cloud Workplace. An earlier analogy.
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Lawyers in the Cloud – The Australian Cloud Workplace
The Cloud • Because of three factors • Computer capacity • Connection speeds • Web • Must have elements • Internet-based • Always available • Reliably secure – The Australian Cloud Workplace
An earlier analogy • Initially factories generated their own electricity – owned, maintained and operated • Suppliers evolved • Consumers came to expect “always on” • Pay as you use • Consumers less concerned about the source, and more about the service – The Australian Cloud Workplace
Do you use the Cloud? • 16% see it as a network to store, access and share data • 54% say they hardly ever use the Cloud • 32% see it as a thing of the future, but • 95% use Cloud Services C.P Fleischauer – Citrix – Calming the Storm of Confusion • Facebook • Gmail • YouTube • LinkedIn • Instagram • iCloud • Dropbox • Box • YouSendIt/Hightail • Hotmail • Ninefold • AWS – The Australian Cloud Workplace
The New Model The Australian Cloud Workplace
Cloud becomes serious business • Cloud computing delivers resources, software, and data to computers and devices on demand • Is a natural evolution of virtualisation, service orientated architecture and utility computing • Offered on a subscription basis – “software as a service” – The Australian Cloud Workplace
Advantages of Cloud • Cost – pay only for what you use • Scale – no infrastructure handcuffs – grow or shrink • Reliability – redundant infrastructure ensures always on services for your practice • Options– Not locked in to a single provider • Brand and Device – Opens up multi-platform opportunities • Keep ahead – Access to previously unavailable and new services • Mobility – anywhere, any time – limited only by one thing • Simplicity – just use it – don’t need to understand it – The Australian Cloud Workplace
Choose a device – any device Android and Windows Phone support coming soon – The Australian Cloud Workplace
Access your files – anywhere – The Australian Cloud Workplace
The Customer or the Product? • The lawyer and the free lunch • You get what you pay for • The myth of cheap storage • Terms and Conditions – The Australian Cloud Workplace
[skr•oo•gulld] verb Word Origin: Google’s ongoing use of invasive tactics to maximize their advertising profits. Definition: The Google practice of going through your personal Gmail for keywords so they can target you with ads. See also: bug; eavesdrop; eyeball; listen in; observe; peek; peer; pry; scan; snoop; spy; tap; wiretap. Sample sentence: “Even if you’re not a Gmail user, you get Scroogled because Google goes through your personal emails sent to someone using Gmail.” http://scroogled.com – The Australian Cloud Workplace
Data Sovereignty • Trans-border data flow • Australian Privacy Principles (APP)/N.P.P. • “reasonable steps” • exporter liability [Principle 8] • Federal and State Government service requirement – The Australian Cloud Workplace
Do you know where your data is being stored? – The Australian Cloud Workplace
Have your files gone on an overseas holiday? – The Australian Cloud Workplace
Exit from Cloud • 80+ Acts/Reg/Rules on Document retention • “The Cloud ate my Data” or “Hotel California” • Bargaining Peeves – Trading Terms • Google's disclaimer – as is – no responsibility • What’s in the Cloud stays in the cloud – The Australian Cloud Workplace
Due Diligence • The relationship of players in the Cloud, or the Parties in the Cloud stack • Backup/restoring data/disaster recovery • Service Levels – expect & plan for some outage • Who owns your Cloud stuff – treatment of Data on termination/insolvency/death – The Australian Cloud Workplace
Do you know who looks at your data? Email – the every day example • A facto business platform • An email can pass through dozens of different servers/networks during its delivery • On each one it can be intercepted, tracked and the contents viewed • Jurisdictions and boundaries are meaningless – The Australian Cloud Workplace
Should your documents be encrypted during transit? – The Australian Cloud Workplace
How private are you? Edocx – The Australian Cloud Workplace – The Australian Cloud Workplace
How private is your Cloud service? The Australian Cloud Workplace
Privacy and the Cloud To be presented by: Ms Emma Hossack BA LLB (Melb.) LLM (QUT) President - iappANZ (International Association of Privacy Professionals – Australia & New Zealand) – The Australian Cloud Workplace
DATA IN FLIGHT Privacy in the Cloud Emma Hossack President iappANZ website: www.iappANZ.org | phone: +61 3 9895 4475 | email: admin@iappANZ.org
Privacy – relevance globally? Global Privacy
Privacy – OAIC Survey on Community attitudes 09.10.13 I am not a piece of your inventory I AM NOT A PAIR OF EYEBALLS TO BE CAPTURED OR A CONSUMER PROFILE TO BE SOLD I AM AN INDIVIDUAL AND YOU WILL RESPECT MY PRIVACY I WILL NOT BE BARTERED TRADED OR SOLD
Cloudproliferation “Cloud computing has reached its tipping point; it’s no longer a trend, but an absolute business requirement” [Conroy at launch of NCCS, 29 May 2013] • 58% of Australian businesses have adopted cloud computing solutions • Market leaders: Amazon, Google, Microsoft, Salesforce • Australian providers: Telstra, Macquarie Telecom
Spotlight on Draft Guidelines for APP 8 • Draft APP Privacy Guidelines: second stage released Guidelines 6 to 11 (Parts 3 and 4)on 20 September • Consultation closes COBMonday 21 October 2013. Please send submissions to consultation@oaic.gov.au.
Australian Privacy Principle 8 – Key Points APP 8.1 • Before an APP entity discloses personal information to an overseas recipient, the entity must take reasonable steps to ensure that the overseas recipient does not breach the APPs in relation to that information
Australian Privacy Principle 8 – Key Concepts When does an APP entity ‘disclose’ personal information about an individual to an overseas recipient? • Disclose is narrowly construed • Release of information from effective control • Distinct from ‘unauthorised access’ in APP 11 • Includes where by an act (positive or accidental) the data is accessed by an overseas recipient.
Australian Privacy Principle 8 – Key Concepts • ‘Use’ • Distinct from a 'disclosure'. • Maintaining control (as against release). • Limited circumstance where a use may not be a disclosure.
Australian Privacy Principle 8 – Key Concepts Reasonable steps depends on: • Nature of data • Relationship with the overseas entity • Risk of harm to individual • Existing technical and operational safeguards implemented by overseas entity and the practicability of taking particular steps.
Australian Privacy Principle 8 – Key Points Exceptions to 8.1 and s16C • Disclosure to an overseas recipient that is subject to a similar law or binding scheme where the APP entity believes that: • the overseas recipient is subject to a law, or binding scheme, that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way the APPs protect information, and • mechanisms can be accessed by the individual to enforce the protection of the law or binding scheme.
Australian Privacy Principle 8 – Key Concepts • APP entity expressly informs the individual that if they consent to the disclosure, this principle will not apply, and the individual then consents to the disclosure. • ‘Expressly inform’ • Clear written or oral statement which explains that if the person consents and the overseas recipient breaches, the entity will not be accountable under the Privacy Act and the person will have no remedy.
Privacy – How to make it work for your business? The magic data formula • Data Value = DV The inherent ability to contact customers, diagnose problems or otherwise leverage data and turn it into intelligence. The ability to take knowledge based commercial or social risks. The ability to report objective progress that is correlated to data and good governance • Data Risk = DR The legal, social or economic costs of mishandling, misappropriating or otherwise failing to recognize the potential for data to become transformed into intelligence or leveraged in a positive fashion. SO, DV > DR = Success. Michelle Dennedy CPO McAfee PAW 2013 Brisbane
Privacy – how to make it work for your business? Create your Privacy Business Plan • What does your organisation need? • How will you get there?
Security and privacy "Encryption works. Properly implemented strong crypto systems are one of the few things that you can rely on." Edward Snowden http://www.theguardian.com/world/2013/sep/05/nsa-how-to-remain-secure-surveillance
Privacy – next steps to implementation? iappANZ resources IAPP&iappANZ publications keep members up to date on the latest privacy and data protection news worldwide. In addition to the Bulletin.
Emma HossackB.A. (Hons), L.L.B, L.L.MPresident iappANZ CEO ExtensiaP: 07 3292 0250 website: www.iappANZ.org | phone: +61 3 9895 4475 | mail: admin@iappANZ.org
Lost in Cloud complexity? Break through with Edocx The Australian Cloud Workplace