Google Apps in Canada and other countries

[RavenGuard]

We've all heard the argument against using Google Apps due to the Patriot Act etc.

When it really comes down to it, Google's privacy agreements uphold that the data belongs to YOU or YOUR corporation. Yes, it is likely to be stored within the United States, but belonging to a Canadian citizen does this not mean Canadian laws apply?

I have seen many arguments back and forth, does anyone have any substatiated proof that looks at both the United States' laws as well as international law?

Thanks in advance for any help here!

 

[WobbleWobble]

The data is stored in the US and US courts can override Google's Privacy Agreements.

Under the Act, U.S. officials could access information about citizens of other countries, including Canada, if that information is physically within the United States or accessible electronically. The potential exists, therefore, for law enforcement agencies to obtain information about Canadians whose information might be handled under a contract between the federal government and a U.S.-based company.

http://www.tbs-sct.gc.ca/pubs_pol/gospubs/TBM_128/usapa/introduction-eng.asp
http://www.tbs-sct.gc.ca/pubs_pol/gospubs/tbm_128/usapa/faq-eng.asp#Q1
http://www.priv.gc.ca/information/guide/2009/gl_dab_090127_e.cfm

If it's your own information, you can do whatever you want with it but if you're working with other's people personal information...

Canadian FIPPA legislation, for the most part, prohibits public bodies from storing personal information outside of the country.
http://www.oipc.bc.ca/legislation/F...of_Privacy_Act%28May2008).htm#section30.1

According to this article, private sectors companies that fall under PIPEDA should not store personal information outside of the country without that person's consent. But as far as I know, there is nothing in PIPEDA that says personal information should not be stored outside of the country like FIPPA does.
http://www.airdberlis.com/Templates...nd Cross-Border Transfer of Employee Data.pdf
http://blog.brainrider.com/2010/03/pipeda-and-privacy-considerations-for-b2b-marketing/

 

[RavenGuard]

So under FIPPA it states: "personal information" means recorded information about an identifiable individual other than contact information

And "personal information" is not allowed to be stored outside of Canada without permission of the person to whom it pertains.

So, basically, things like photos, SIN numbers, credit card info, medical info etc. are not allowed without express permission. Hmm...


Many fears pertaining to the Patriot Act don't make a whole lot of sense considering Canada's policies, but it seems clear that FIPPA would be what to worry about.

 

[WobbleWobble]

Keep in mind, FIPPA only applies to public sector.

 

[WobbleWobble]

Older topic, but here's a recent article that touches on the Patriot Act and the EU

http://www.zdnet.com/blog/igenerati...atriot-act-can-be-used-to-access-eu-data/8805