Sony Reeta , Krishna Sri , Devi Bhukya

Data Protection and Cloud Computing: a Jurisdictional Aspect

2013. No. Annual review. P. 81–91 [issue contents]
Reeta Sony A.L - National Law University, New Delhi, India. E-mail:reeta.sony@nludelhi.ac.in.

Sri Krishna Deva Rao - Professor, National Law University, New Delhi, India. E-mail: psrikrishnadevarao@gmail.com.

Bhukya Devi Prasad - Council of Scientific and Industrial Research, New Delhi, India. E-mail: bdeviprasad@csir.res.in.

The world has become more Information Technology (IT) dependent. It is converting all aspects of our lives into invisible data. The tremendous worldwide growth of this electronic format data has caused a demand for data storage and processing power, with cloud computing emerging as an important option. Cloud computing is not a new technology, just the most recent technological development. Cloud computing is Internet-based computing, where data storage and processing take place over the internet. The very basic nature of the Internet and new features of cloud computing, such as the geographical distribution of data (multiple jurisdictions, multiple copies of data), the lack of physical access to the server (remote server),and the absence of transparency in data processing (lack of control), raise new legal challenges in understand­ing how to apply the law in relation to data protection in this multi-jurisdictional environment. The Google Navy and Pirate Bay's flying drones are redefining the concept of cloud computing by planning to host their data centers in the sea and in the air. They are utilizing the sea and air as their territory because they are be­yond nation-state control and no jurisdiction applies to these territories' free data centers. This development necessitates the provision of international law and international technology, which will provide a neutral interconnected system for data protection. This research paper assesses the impact of cloud computing on data protection and tries to highlight the jurisdictional issues from a legal point of view.
Citation: Reeta Sony A.L, Sri Krishna Deva Rao, Bhukya Devi Prasad. Data Protection and Cloud Computing: a Jurisdictional Aspect // Law. Journal of the Higher school of economics. Anual review, 2013. P. 81-91.
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