Case Management System: Software as a Service
Case Management System: Software as a Service
Chapter 4: 5 Ways to Build Stronger Cases
Chapter 1: Investigative Standards
Chapter 2: Case Management System: Labels and Notices
Chapter 3: Case Management System: Audit Trails
Chapter 4: Case Management System: Software as a Service
i-Sight (now Case IQ)’s software as a service (SaaS) framework provides enterprise customers an efficient tool for managing modern investigations. i-Sight (now Case IQ)’s data center is located in Canada, among the best countries in the world for data storage on account of its stable government, strong economy, predictable legal system, and robust privacy protections.
Investigative information is sensitive from the perspectives of both individual privacy and enterprise confidentiality.
Although the storage of investigative data in the hands of a third party can raise issues, the storage of the data in any place can raise issues. Storage of data in-house does not, in itself, prevent legal access by government or private litigants or prevent access by hackers or dishonest employees.
The Advantage of Canada
Canada is known as a leader in the legal recognition of data rights, which gives i-Sight (now Case IQ)’s customers greater assurance about the protection of their data and about the privacy of personal data. Canada’s system of law and government is stable. In 2011 Transparency International ranked Canada among the top 10 leastcorrupt countries in the world, well ahead of the United States, which ranked 24th. (Corruption Perceptions Index)
Privacy International ranks Canada second (tied with Romania) for best privacy protection in the world. Greece is the only country that ranked higher. Canada was ranked well ahead of any other G8 member country; the United States ranked 40th. “The 2007 International Privacy Ranking.” Privacy International. 2007-12-28.
Key reasons Privacy International cited for Canada’s high ranking and the lower ranking for the United States are:
Canada:
- Comprehensive federal statutory privacy rules - the Privacy Act, which deals with personal information held by the government of Canada, and the Personal Information Protection and Electronic Documents Act (PIPEDA), which deals with personal information held in the private sector.
- Provincial privacy commissioners have made privacy-enhancing decisions and taken cases through the courts (particularly Ontario, where i-Sight (now Case IQ)’s data center is located).
- Court orders are required for government interception of data, and there is no reasonable alternative method of investigation by government. This demonstrates a greater legal respect for privacy.
United States:
- No comprehensive privacy law like PIPEDA.
- Through the USA Patriot Act, Congress approved a presidential program for intercepting, without court order, foreign communications over US networks. The USA Patriot Act contrasts with the practical need under Canadian law for government to get court orders.
The Privacy Commissioner of Canada is an authoritative figure in Canadian law and politics; a figure of equal prominence does not exist in the US. The Commissioner monitors and advocates compliance with the Privacy Act and PIPEDA. In 2010 the International Association of Privacy Professionals recognized Canada’s current Privacy Commissioner, Jennifer Stoddart, with its prestigious Privacy Vanguard Award.
Canada’s judiciary is known for leadership on privacy rights in the information age. This leadership is exemplified by Jones v. Tsige, 2012 ONCA 32 (CanLII), an internationally-noted case that recently recognized a new tort cause of action for invasion of privacy.
Legal Boundaries at Data Center
Notices prominently posted at i-Sight (now Case IQ)’s data center declare to legal authorities, such as police or a bankruptcy trustee, substantial boundaries. They indicate that information stored at the center is the property of i-Sight (now Case IQ)’s respective customers. They warn any legal authority that personal information is subject to rights of privacy, which are respected in Canada. They further inform legal authorities that if they do need to take steps to access or impede data, their lawful purpose can, through the use of skill and diligence, be accomplished without infringing the rights of bystanders, such as non-involved customers and individuals.
