The problem of binary distinction in cloud computing and the necessity for a different approach: Positions of the European Union and Canada

Abstract The development of Cloud Computing is an undisputable fact that is present in this modern era. It is a widely used system, which consists of users from ordinary individuals to multinational companies. However, despite its benefits, there is a problem of accountability in Cloud Computing. Accountability is vital for the allocation of responsibility to ensure the non-existence of threats concerning privacy and security of personal data stored in a Cloud. Both these issues are interconnected because one will not be able to exercise the principle of accountability by omitting the allocation of responsibility. Due to the complexity of the Cloud Computing infrastructure, the line in the distinguishing the role of controller and processor is blurred. This article serves to provide a better understanding of the role of Cloud Computing as well as to configure the need for either a modified or a completely different approach. Furthermore, this article will discuss the different approaches whilst providing a detailed analysis of the roles of the controller and processor. Clear and unambiguous roles and responsibilities will help to reinforce the principle of accountability. This article will compare the positions of Canada and the European Union, because the Canadian approach provides a different outlook since they do not follow the same binary distinction concept in allocating responsibility for controller and processor. This discussion hopes to bring awareness for the discrepancies in the current system and attempts to recommend a possible outcome to curb the problems relevant to this issue.