Research On The Legal Issues About Data Protection In Cloud Computing

With the development of Internet technology, and the interest of people who use the internet has changed from accessing information only to involving and sharing, the data resources and access has become more and more centralized, thereby ecbolic this new Internet technologies and operation mode called "cloud computing", which has low requirements for equipment and is more friendly to the terminal user, thus allowing the rapid development. More and more users use cloud computing for data storage, uploading and sharing.But at the same time, a series of data security events in cloud make the defection of data protection in cloud been viewed. The public find out that, because of the technical characteristic, they won’t know where their data been stored and even can’t access freely; and when the users feel that their rights have been violated, it is also difficult to relief by the legal way. Under this background, in this article, we will discuss the data protection issues about privacy, intellectual property rights and national security in the cloud, analysis the problems that may arise, and search possible solutions.In the first part of the article, we will overview of the technical features of cloud computing, and the differences of electronic data environment between cloud computing and the traditional network environment, analysis new risks that may arise.There is a discussion of privacy in cloud computing in the second part. In this chapter we will first discuss the new challenges in the cloud; and then through comparing the legislation in the United States and the European Union, we will see what we can do.In the third part, we will see what will happen to intellectual property in the cloud, by discuss the influence in the area of copyright, trade secret and patent. The different way of data storage brings big change in the judgment of what the right is about and how to define the infringement, we will see some recent cases and foreign legislative status, and try to give some suggestions.In part four we will discuss the data protection in cloud computing on the view of national security. The cloud services market mainly controlled by a few large American service providers, how can the Government and the employee take cloud service troubles a lot. We will try to give some advice on the area.At the end of the article, it will pay an effort to build a system for data protection in cloud computing, which contains some legal suggestion and some others such as the advice about build an industry standard.