What does "Patriot Proof" mean?

What does Patriot Proof mean?

"Patriot Proof" is a term BitBlock has coined.

Patriot Proof means your data is protected from warrantless monitoring, search and seizure as can be applied under the USA PATRIOT Act.

Some providers offering services from within Canada may outsource to service providers and storage outside Canada without your consent.

The data, databases, servers and storage used to provide our services are located in Canada, managed by BitBlock (not outsourced) and cannot legally be accessed, monitored, scanned or confiscated without a court order. This includes any backups.

Since the tragic events of 9/11 in 2001, the American government has brought about the USA PATRIOT Act; which allows the American government to, without a warrant or disclosure, analyze and save all effective data that passes through American networks or is stored on American computers. This is done in the interest of national security to protect the American people from potential terrorist threats. By locating and maintaining its infrastructure in Canada, BitBlock ensures that the information is isolated from the United States, and due to this, their government may not access information stored within it without a warrant or a court order in a Canadian court by a Canadian judge.

Wait… Why do I want my data to be Patriot Proof?

People's reasons may vary. While one may respect the intent of the USA PATRIOT Act, one could argue that access without oversight leaves an opportunity for abuse.

As a Canadian or a person operating a Canadian business we are required to follow our laws first, which include rights of individuals to know about the storage and access of their information.

Without offering any legal advice (please check with your own counsel) we can offer this simplified explanation:

We believe it is in violation of Canadian laws to store the personal data of a third party (your client's information) in an environment where a third party potentially has access to it. If you are storing client information on a system that can be accessed or read by a third party (e.g. The United States Government) you must, by law, disclose this to your clients through your privacy policy and obtain their informed consent. Disclosure is necessary if you are storing any sort of information, including email, documents and even the personal contact information of your clients. This means that if you are storing data in an American server (including services such as Office 365, Gmail or DropBox) and you do not disclose that a third party can access the information, you could be in violation of Canadian privacy laws.

In short, you are likely legally obligated to ensure your data relating to clients remains in Canada in a safe environment, or you have to make sure your clients consent to an alternate plan. We encourage you to ask your potential service providers about their access and storage practices.

  • Where do they store their data?
  • Who has access to their data?
  • Who has access to the equipment?
  • Is it monitored?
  • Do they outsource?
  • Do they have it in writing?

We think you will be glad you did.

 

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