云计算技术法/网络法

云计算

什么是云计算?

It provides a platform to access data or program over the internet or has that data synced with other information over the web. It impacts an individual’s consumers and business entities. It requires the data to be sent over the internet and stored on a third-party system.

商业环境中的云计算

由于存在三种分层模型:

  1. 客户或 customer
  2. 云服务 provider
  3. 云主机 company

The 顾客 to solve its business computing problems on the pay per use basis use the services provided by a cloud service 提供者 with the help of intermediatory i.e. cloud Host 公司.

Cloud computing is a business method where dynamic 它 capabilities such as hardware, software, and tools are provided by third parties or cloud service 提供者s which enables the users to store as well as access their data and application virtually from anywhere and through any connected device.[1]

云计算要素

If the servers are used for data storage the third party doesn’t have any right to tamper/modify the contents of the data where 顾客 having its own application entered into a contract with the vendor to store data electronically and that vendor stores data on third party network.

云计算下的隐私

Management and 隐私 of data play key role in the adoption of 云计算. 信息法, 2000 puts certain restriction on the organization to store 个人资料. Such as section 43A and 79 of the 信息法 are directly associated with 云计算. To protect private and sensitive data, notification was issued by the central government where “Reasonable security practices and procedures and 敏感个人数据 or information Rules, 2011” are made in compliance with section 43A. These Rules prescribed guidelines for the collection, usage, and protection of 敏感个人数据 or information of natural persons.[2]

它 ACT,第43A节,2008年

它提供赔偿 for negligence in implementing and maintaining reasonable security practices and procedures in relation to 敏感个人数据 or information.

根据第43A条 2000年《信息技术法》, 身体 corporate who is possessing, dealing or handling any sensitive personal data or information, if it is negligent in implementing and maintaining reasonable security practices resulting in wrongful loss or wrongful gain to any person, then such 身体 企业的 will be held liable to pay damages to the person so affected. There is no upper limit specified for the compensation that can be claimed by the affected party in such circumstances. 

合理的安全惯例和程序,以及 SENSITIVE PERSONAL DATA OR INFORMATION RULES, 2011

(1) 密码
(2) Financial information such as bank a/c or credit card or debit card or other payment instruments details 
(3) Physical, physiological and mental health conditions
(4) 性倾向
(5) 病历和病历
(6) 生物识别信息
(7) Any detail relating to the above clauses as provided to 身体 企业的 for providing service and
(8) Any of the information received under the above clauses by the 身体 企业的 for processing, stored or processed under lawful contract or otherwise

规则三: 定义: 敏感个人数据

Exception: Information available in public domain or furnished under the right to information Act, 2005 or any other law, for the time being, will not be considered as personal information or sensitive personal information.

This 文章 is first of the series on 云计算.

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[1] Barnaby page,’Cloud computing a guide for business managers’ available at: www.icaew.com/-/…management/cloud-computing-a-guide-for-business-managers.ashx

[2] Cloud computing risk challenges- legal and tax issues, march 2013. Available at: www.nishithdesai.com/fileadmin/user_upload/pdfs/Cloud_Computing.pdf

This 文章 has been contributed by our 咨询委员会 member Mr. 罗德尼·莱德.

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