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論雲端運算服務的資訊安全法律議題—以隱私保護為中心
Thesis

論雲端運算服務的資訊安全法律議題—以隱私保護為中心

施明賢
Masters, 國立清華大學, 科技法律研究所
2010

Abstract

雲端運算 資訊隱私權 個人資料保護 cloud computing information privacy personal data protection
With the rapid development of information technology, on one hand, the daily life becomes more convenient; but on the other hand, it also brings about more complicated issues on the privacy and security than ever. Cloud computing service is not a brand new technology, but a new business service model. With the diversification of the cloud computing service applications, its impact on protection of personal privacy is more influential than any other technologies. The essay, through the interaction between privacy, security, information technology, will not only analyze the exclusivity, variability, right of self-determination, right of resistance, and property rights of information privacy, but also will explore the possible legal issues and risks which the cloud computing service may incur in terms of protection on information privacy. Meanwhile, based upon Safe Harbor framework, the essay will also study the gaps between the intentions of the service providers on privacy protection and legal mechanism. The output of the study will serve as a valuable reference for domestic service providers when elaborating and implementing privacy policies. Through the introduction of proper legal and auditing system, the dynamic balance between possible risks and technological development can be achieved. The privacy protection cannot run smoothly without following the frameworks of objective environment, laws and regulations, and reasonable privacy expectation. The essay also intends to propose feasible suggestions for the protection of information privacy in cloud computing service, which may be applied or related to the undergoing detailed regulations of Personal Data Protection Act.

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