Relevance of Current UK IT Law to Cloud Computing - Dissertation Example

The Main Deliverables:
- A critique of current IT law when it applies to cloud computing.
- A review of how cloud computing will change the legal context for IT operations management.
- A set of recommendations for cloud computing users and suggested updates to UK IT law to deal with the problems that come from cloud computing.

The Target Audience for the Deliverable(s):
- Potential users of cloud computing,
- IT legislators.

In this research, I would concentrate on the following:
- How to use the services of CSPs without infringing the UK’s laws like Data Protection Act, etc?
- What are all the safeguards and protection mechanisms to be undertaken while using CSP services?
- Recommendations to initiate adequate measures to safekeeping the data while they are stored with CSPs who are located outside UK jurisdiction.

The researcher should have additional knowledge of the USA Patriot Act if UK companies want to use cloud services offered by US-based companies like Microsoft, Amazon, and Google Inc. Besides UK laws, the researcher should have extensive knowledge of the European Data Protection Directive, intellectual property laws, contracts act, Criminal Procedure and Investigation Act, 1996 (CPIA, 1996), and so on.

The information and data have been sourced for this project from previous empirical studies, peer viewed journals, books written on the subject on the subject by eminent authors, online sources, and sources available from online libraries.

Availing of the services of a cloud service contractor and having lost control over the data processing is an issue relating to security. The problems that emanate from the infringement of the data demonstrate the confronts that the cloud customers witness when things go haphazard in the cloud atmosphere. Making an in-depth analysis of the risks associated is vital before venturing into the use of the service of a CSP and if the risks are controllable, managing them through incorporating appropriate clauses in the contract. Businesses should exercise more vigil and should not opt for cloud computing purely on a cost basis by ceding poignant control over their data, which may land them later for data infringement offenses. Further, by encrypting the data, businesses can adhere to residency and jurisdictional needs by maintaining the encryption keys within their jurisdiction despite the actual physical placement of the data.

The boilerplate CSP contract should be replaced by an authorized contractor for CSP contracts which should have the following clauses: the security of the data of the business to be guaranteed by the cloud computing service provider; the cloud service provider (CSP) should use data only for the purpose mentioned in the contract, and he should be held accountable if the data is either misused or for non-business purposes: the data handler to inform to the data owner immediately if there is any breach of data or security to take immediate precautionary steps by the service taker. It is suggested that the UK should enact new laws so that such one-sided terms in a boiler-plate contract will be held not valid under UK laws. There is an immediate need to revamp the following UK laws as regards to Police and Criminal Evidence Act, 1984, the UK Serious Crime and Police Act, 2005, the UK Criminal Procedure and Investigation Act, 1996 (CPIA, 1996) the UK’s Criminal Justice Act, 2003, UK Serious Crime and Police Act, 2005 (SOCPA, 2003), Police and Criminal Evidence Act,1984 (PACE,1984), Computer Misuse Act 1990, Financial Services Authority (FSA), and UK’s Data Protection Act to make in concurrence with the present cloud computing technologies, mainly to ensure the safety of data, to stop the data misuse and to avoid jurisdictional issues.