@ARTICLE{26583261_118944450_2014, 
	author = {Lyudmila Tereshchenko}, 
	keywords = {, cloud technologies, state government bodies, cloud service provider, transborder data transmission, limitations in using cloud servicesinformation security},
	title = {Information Security and the Application of Cloud Services by State Bodies},
	journal = {},
	year = {2014},
	number = {1},
	pages = {129-139},
	url = {https://law-journal.hse.ru/en/2014--1/118944450.html},
	publisher = {},
	abstract = {Tereshchenko Ludmila - Deputy Head, Department of Administrative Legislation and Process, Institute of Legislation and Comparative Law under the  Government of Russian Federation, Doctor of Juridical Sciences, Honoured Lawyer of Russian Federation. Address: 34 Bol'shaya Cheryomushkinskaya str., Moscow, 117134, Russian Federation. Email: adm2@izak.ru.The paper studies the issues related to applying cloud technologies in state administration. Though cloud technologies are not in active use in this country, the tendency of widening its application is evi­dent. Program documents have been adopted to envisage national platforms of cloud services. Current­ly, cloud services of foreign providers are being used, which raises issues related to information security and the possibility to apply them by state and municipal bodies. The current legislation is being analyzed in the view of the current limitations in the use of cloud technologies in state administration. The author concludes that the current legislation does not impose any direct bans against the possibility of applying cloud technologies but the bans and restrictions may be related to a certain kind of information: state secret, confidential information, types of secrets, obligation of parties to obtain a written permission of the other party to transfer the information to a third party. Hence, prohibition of cloud services of Rus­sian state and municipal organs, other organizations involving state and local authorities may affect the character of the processed information and the legal regime set for it. Applying cloud technologies is justified by a number of contracts with various degrees of control over the processed and stored in the clouds information, which influences the decision on applying clouds. One of the causes why cloud calculations may be restricted in use relates primarily to transferring some functions to a clouds provider and thus loss of control over own data. The user does not always have enough and reliable information to assess the security of the cloud technologies used by the provider, guarantees to keep this informa­tion and ensure the control over maintaining this regime of information.},
	annote = {Tereshchenko Ludmila - Deputy Head, Department of Administrative Legislation and Process, Institute of Legislation and Comparative Law under the  Government of Russian Federation, Doctor of Juridical Sciences, Honoured Lawyer of Russian Federation. Address: 34 Bol'shaya Cheryomushkinskaya str., Moscow, 117134, Russian Federation. Email: adm2@izak.ru.The paper studies the issues related to applying cloud technologies in state administration. Though cloud technologies are not in active use in this country, the tendency of widening its application is evi­dent. Program documents have been adopted to envisage national platforms of cloud services. Current­ly, cloud services of foreign providers are being used, which raises issues related to information security and the possibility to apply them by state and municipal bodies. The current legislation is being analyzed in the view of the current limitations in the use of cloud technologies in state administration. The author concludes that the current legislation does not impose any direct bans against the possibility of applying cloud technologies but the bans and restrictions may be related to a certain kind of information: state secret, confidential information, types of secrets, obligation of parties to obtain a written permission of the other party to transfer the information to a third party. Hence, prohibition of cloud services of Rus­sian state and municipal organs, other organizations involving state and local authorities may affect the character of the processed information and the legal regime set for it. Applying cloud technologies is justified by a number of contracts with various degrees of control over the processed and stored in the clouds information, which influences the decision on applying clouds. One of the causes why cloud calculations may be restricted in use relates primarily to transferring some functions to a clouds provider and thus loss of control over own data. The user does not always have enough and reliable information to assess the security of the cloud technologies used by the provider, guarantees to keep this informa­tion and ensure the control over maintaining this regime of information.}
}