Data Sovereignty In Light Of The CLOUD Act: Back To The Future?

Ottawa and provincial governments across the country are facing demands for Canadians' data to be protected — in part — from foreign access under a U.S. law known as the CLOUD Act. These demands have become more pronounced in light of recent bilateral political developments and the reemergence as a high-profile issue of "data sovereignty" — that is, ensuring Canadian courts have exclusive authority over data within Canada's borders. Some commentators are similarly expressing concerns about the security of data stored with U.S. cloud providers, and the adoption of "sovereign cloud" solutions is increasingly being discussed at all levels of government.

These discussions are happening at a time when