[BCMA] museums that are public bodies must store personal data on servers within Canada

Moderated BCMA subscriber listserv. bcma at lists.vvv.com
Tue Aug 6 13:44:09 PDT 2013


Hi Nancy,



North Vancouver Museum & Archives is considered a “public body” because it
is classified as entirely part of local government. A museums that is
governed by a non-profit society is not a “public body” even if it is
funded entirely by local government.



I know that Campaigner is a Canadian company (http://www.campaigner.com/),
but of course that does not necessarily mean that all their servers are in
Canada. You could also just google “Canadian email marketing service
providers” (
https://www.google.ca/?gws_rd=cr#bav=on.2,or.r_qf.&fp=d3f1ac24842e530b&q=Canadian+email+marketing+service+providers
).



cheers,

peter

peter thompson

Managing Director

Two Rivers Gallery

www.tworiversgallery.ca



- Art is not a mirror held up to reality, but a hammer with which to shape
it.

Bertolt Brecht







*From:* bcma-bounces at lists.vvv.com [mailto:bcma-bounces at lists.vvv.com] *On
Behalf Of *Moderated BCMA subscriber listserv.
*Sent:* August-01-13 3:14 PM
*To:* 'bcma at lists.vvv.com'
*Subject:* [BCMA] museums that are public bodies must store personal data
on servers within Canada



Hi everyone,



As a municipally-funded museum, governed by an appointed Commission, our
museum is considered a “public body”. We’ve just been advised that the
Freedom of Information and Protection of Privacy Act requires that a public
body must ensure that personal information is in its custody or under its
control is stored only in Canada and accessed only in Canada, unless the
individual the information is about has identified the information and
consents to it being stored in or accessed from another jurisdiction. An
individual’s personal email address would be considered as personal
information and would need to be stored within Canada.



By using an e-mail marketing service provider (Constant Contact) that
stores e-mail addresses on a server in the United States, we have run afoul
of these privacy regulations. This means that we must now find a service
provider whose servers are physically based in Canada. Do any of you have
recommendations?



Information on the relevant regulations (“Cloud Computing Guidelines for
Public Bodies”) can be found on the website of the Office of the
Information & Privacy Commissioner: http://www.oipc.bc.ca





Nancy Kirkpatrick, Director

North Vancouver Museum & Archives

3203 Institute Road, North Vancouver, BC

Tel: 604-990-3700 (ext. 8001)

e-mail: kirkpatrickn at dnv.org

web: *www.nvma.ca***



new museum blog: www.my-museum.ca**
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