Internet Related/Filtering/Firewall Thread, Are You Operating A Legal Cloud? in Technical; http://www.eweekeurope.co.uk/comment/are-you-operating-a-legal-cloud-45686
M akes for an interesting read....
14th November 2011, 04:26 PM #1
Are You Operating A Legal Cloud?
14th November 2011, 05:24 PM #2
One way of being 100% sure which I have had pointed to me is to use a cloud-based solution (which just used to be known as a hosted solution but hey ... the marketing folk know a good thing when they hear it) in a UK data centre, and a solution owned and run by a UK only company.
So ... those RBC services and offerings from RM et al seem to answer a few more questions than people thought about.
14th November 2011, 06:18 PM #3
I assume this would be all types of data including email.
14th November 2011, 09:07 PM #4
Yes ... although there is a very unclear message about how it can affect schools. After my article on DropBox I did as much digging as I could about the position from the ICO on schools using cloud-based services and to some extent there is an expectation that as much risk is eliminated as possible. This means making use of services covered under EU protection and Safe Harbor ... but the Patriot Act does trump this ... but I think it is a bit disingenuous for reporters to start saying how unfair the Patriot Act is (and the other acts that this draws on since it is not just a single piece of legislation) since we have a section in the DPA (Section 35) which does very similar ... though some might argue that use of UK laws is far more open and protected for the end user ... that is a debatable point within legal circles and I am not involved enough to be able to say what is better or worse.
Originally Posted by edutech4schools
The article you linked to does make one very important point ... that the application of the act is retrospective ... you get hammered if a breach occurs that you should have / could have stopped ... must laws have both proactive and retroactive sections (intent, going equipped, etc) and many are covered under proof of negligence where harm could occur (Childrens Act, H&S, etc) ... but the DPA is 100% retrospective. As I covered in my article though, should you have been found wanting (and fined or had to sign an undertaking) then OFSTED would view that breach as a failure to meet legislation ... and on an area around safeguarding too.
I'm not saying cloud services can't be safe ... they can be ... and for pretty much everyone using them under existing guidance (i.e. covered by EU DP laws, Safe Harbor, etc) is likely to be doing everything right ... it is just that now the seed of doubt in is the minds of many ... and there is still no clear answer from ICO or DfE about what schools could / should do ... other than pay for rather comprehensive legal advice ... and if anyone has, then they aren't sharing the results yet.
Now ... if Becta was about I would suggest that we could collectively contact them ... instead I am now at the point of suggesting that a direct letter is written to ICO, DfE and both Google and Microsoft for their interpretation of how the laws affect schools using their services. I would suggest sending it to other companies too ... but I think a generic letter could be easily replicated to send out to others.
However, it might be best to suggest to Heads that they contact their Unions, or their legal advisors first.
If anyone is interested in helping with this I might try to see if it is worth taking further.
Thanks to GrumbleDook from:
pyroboris (13th January 2012)
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