Use of the cloud requires guaranteeing the exercise of rights

Given the increasingly frequent use of the cloud, it is necessary to rethink the legal responsibilities of countries, governments and institutions, considered the academic secretary of the Institute of Legal Research (IIJ) of the UNAM, María Marván Laborde.

This digital tool is a huge network of remote servers in the world, which are connected to function as a single ecosystem and designed to store and manage data, run applications or deliver content or services (video, audio, email). weband so on).

Instead of accessing files and data through a personal or local computer, they are accessed online from any device connected to the Internet; that is, the information is permanently available, regardless of where we are.

“You have to be open-minded to understand how to combine the rights of each of the nations, and it is one of the issues that we will continue to analyze at the IIJ,” said Marván Laborde.

When inaugurating the seminar “Legal implications of the use of the cloud in Mexico” from a distance, he stressed that in this matter, borders and responsibilities must be reconsidered to guarantee the exercise of rights in this logic, not only of personal data protection, but also the right to information and health. All this happens today by the use of this system.

The expert considered important the constant academic analysis carried out by the IIJ, the MX Internet Association and other associations that are dedicated to providing services through this network, and that “they are generating legal challenges that we must undertake, resolve and understand.” .

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In the meeting moderated by Israel Santos Flores, an IIJ researcher, the general director of that Association, Julio César Vega Gómez, pointed out that they have made a great effort with the UNAM academics to achieve innovative, cutting-edge and unprecedented work, the which will have to be replicated in other fields.

In the first conference, the managing partner of Platform Legal, Ezequiel González Matus, considered that the issue of regulation in the cloud represents one of the most interesting challenges, since the fields of law and information technology converge.

“Today we assume the cloud as an element present in our daily experience, professional activities, our academic tasks. We recognize that the cloud is essential for the functioning of global economies, for the management of governments, ”he asserted.

In an academic project “we try to break down the cloud from a comparative legal point of view, looking at practices from other latitudes to understand the legal challenges we have at home”, he commented.

González Matus presented three regulatory premises: the regulation of the cloud has preponderant development in spaces of industrial regulation through the implementation of technological and compliance standards; in the legislative sphere, it presents a slow evaluation, since it is often overwhelmed by technological and computer advances; and sometimes the regulations on privacy and data protection impose conditions for its use.

Regarding legal dilemmas due to its use, he stressed that his study recognizes that legal problems have an inescapable point of contact with economic reality, since international trade increasingly depends on the flow of all kinds of information: financial, demographic, personal , industrial, technological, etc.

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He added that the cloud poses substantive dilemmas, which are constant and generally do not have single answers, such as the free circulation of data in the global and multi-territorial space in which the cloud inhabits, and the processing of personal data once there they enter.





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