Almost all modern organisations are fully embracing a digital-first, cloud-based strategy to keep up with their competition. When data is everything, it’s natural for governments, businesses, and citizens alike to raise the question of data sovereignty.
In simple terms, data sovereignty is knowing where your data is stored and who can legally access it. But when a business decides to store data abroad, the situation becomes more complicated from a legal standpoint.
One important law that sparks concerns among organisations is the US Patriot Act. The U.S. government created this Act after the 9/11 attacks, enabling it to gain access to data belonging to U.S. companies within and outside the country. The influence of the U.S. Patriot Act in cloud computing raises a myriad of data privacy concerns that all global businesses should be aware of.
But there’s more. Let’s explore in depth the U.S. Patriot Act and the data privacy of your business.
What is the U.S. Patriot Act?
The USA Patriot Act, or simply the Patriot Act, is an acronym that stands for “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001”.
This Act grants the U.S. government and its agencies broad access to business data, including data stored offshore, as long as the data is held by U.S. companies or accessed through U.S. infrastructure. This means that even data held outside the U.S. by a U.S. company can be subject to a U.S. government request.
Why is the Patriot Act Important?
Here are just a few reasons why the Patriot Act is important:
Broad Access to Data
As a result of this Act, the U.S. government can access a wide range of information, including business records, communications, and financial data, regardless of the data’s location.
Jurisdictional Reach
The Act’s reach extends to all businesses that operate in the U.S. and have data stored or accessed through U.S. infrastructure, even if the data itself is located outside the U.S.
No Geographic Limitation
The Patriot Act’s provisions generally don’t distinguish between data held within the U.S. and data held abroad by U.S. companies or those using U.S. systems. This means that the U.S. Patriot Act can infringe on the data privacy laws of other countries.
Impact on U.S. Businesses
U.S. companies with offshore operations need to be aware that the Patriot Act pushes them into complying with U.S. laws even if the data is located in a foreign jurisdiction.
Compliance and Risk
U.S. companies should also understand their obligations under the Patriot Act, including potential requests for data from the government, and may need to implement policies and procedures to ensure compliance.
Data Protection Concerns
The Patriot Act’s access has raised concerns about data privacy and the potential for misuse of information, particularly for U.S. companies with offshore data. This may be an issue for UK businesses who’re wary of the implications of using U.S.-owned cloud services.
The Patriot Act Vs UK Data Protection Laws
The US Patriot Act allows broad surveillance powers to US authorities to access data from U.S.-based companies. Comparably, the UK Data Protection Act 2018 incorporates the General Data Protection Regulation (GDPR) and protects personal data, ensuring privacy and limiting access based on necessity and consent.
This means the provisions under the Patriot Act are in potential conflict with the UK laws, where access to data must be subject to stringent legal tests. This further raises compliance concerns and opens up many legal grey areas.
The best way to avoid being subject to the US Patriot Act is to ensure that neither you nor your cloud service provider is based in the United States. Very few large IT cloud providers fit this description in the global IT environment today, with BlackBox Hosting being one of the leading names to have no U.S. ties.
Ensure Data Sovereignty and Privacy with BlackBox’s UK-Based Hosting
Now you know why the Patriot Act is important and what it means for data privacy, you might be ready to take steps to protect your data. A smart place to start is making sure your data remains governed by UK law and not any other foreign legislation.
If you choose a hosting provider based in the UK, your data will be out of the extraterritorial reach of the Patriot Act and the Cloud Act. With a sovereign hosting provider like BlackBox Hosting, your data will fall exclusively under UK jurisdiction and comply with the Data Protection Act 2018 and UK GDPR.
We provide a private, fully managed sovereign cloud solution, which means our infrastructure, management, and data storage are based in the UK. This removes the uncertainty and obscurity that come with US-based providers, who may physically store your data in the UK but may still be compelled to hand it over to US authorities if demanded.
We support your data sovereignty with:
- ISO certified data centres physically located in the UK
- Clear Service Level Agreements (SLAs) that meet UK standards
- Technical support with teams based in the UK
- Complete compliance with UK Data Protection laws
Learn how we can help you maintain your business’s data privacy with our robust and reliable cloud services. Call us on +44(0)203 740 7840 or contact us today.
