"Agencies should note it may also be possible for foreign governments to access information held in their jurisdiction or to access information held in Australia by any company with a presence in their jurisdiction.
For instance, the USA PATRIOT Act 2001 contains provisions allowing the US Government to access information in specified circumstances, (i.e. cases involving suspected terrorism or threats to national security) irrespective of the geographical location and, without necessarily advising the agency."
Note also the second part of the first sentence - I have been told explicitly that we will never be allowed to use Amazon AWS for private information (public websites like data.gov.au already use AWS but have no private areas) even if there were physical datacenters in Australia because their US staff could be coerced under the Patriot Act to access that information and in that case would be ordered to circumvent any logging/audit trails to do so.
"Agencies should note it may also be possible for foreign governments to access information held in their jurisdiction or to access information held in Australia by any company with a presence in their jurisdiction.
For instance, the USA PATRIOT Act 2001 contains provisions allowing the US Government to access information in specified circumstances, (i.e. cases involving suspected terrorism or threats to national security) irrespective of the geographical location and, without necessarily advising the agency."
http://agimo.govspace.gov.au/files/2012/02/Cloud-Privacy-Bet...
Note also the second part of the first sentence - I have been told explicitly that we will never be allowed to use Amazon AWS for private information (public websites like data.gov.au already use AWS but have no private areas) even if there were physical datacenters in Australia because their US staff could be coerced under the Patriot Act to access that information and in that case would be ordered to circumvent any logging/audit trails to do so.