While the relevance of an Opinion of an EU Working Party on data
protection (ie privacy) in the Cloud (Opinion) may not be
immediately apparent to Australian businesses that do not conduct
business or have related entities in the EU, the Opinion furthers
the collective thinking on data protection/privacy in the cloud
computing environment and considers a number of issues that are
relevant in Australia.
Some of the matters addressed by the Working Party in the
Opinion are specific to the EU regulations (which differ from
Australian privacy law). However, there are a number of matters
considered and discussed by the Working Party (eg control,
transparency and security) that are equally relevant in and for
Australia. I therefore commend to you my EU colleagues' alert
on the Opinion
here. For a discussion of the privacy issues arising in the
cloud under Australian law and the practical means of addressing
these issues, please contact me using the email address below to
request a copy of my booklet, Clearing the Legal Fog: Cloud
Finally we note that the Australian Prudential Regulation
Authority (APRA), the prudential regulator for much of the
financial services sector in Australia, is sending a team to India
to evaluate the standards of service providers in that country,
which is timely given those service providers' increasing role
in providing offshored, outsourced and now cloud services to the
financial services sector in Australia. There is little detail on
the proposed outcomes of this visit, but it could lead to either an
unofficial or official APRA 'seal of approval' for a number
of specific providers and/or a toughening of APRA's guidance in
respect of governance and security requirements when offshoring,
outsourcing or moving into the cloud. If the latter, the revised
guidance will ultimately need to tie in with the general privacy
requirements of those businesses in Australia regulated by APRA in
the financial services space. At this time, however, it is very
much a case of 'watch this space'! We will update you as
soon as we hear anything further.
This publication is intended as a general overview and
discussion of the subjects dealt with. It is not intended to be,
and should not used as, a substitute for taking legal advice in any
specific situation. DLA Piper Australia will accept no
responsibility for any actions taken or not taken on the basis of
DLA Piper Australia is part of DLA Piper, a global law firm,
operating through various separate and distinct legal entities. For
further information, please refer to www.dlapiper.com
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Those types of personal disclosure may still be permitted under the Privacy Act as long as your house is in order.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).