The amendments to the Freedom of Information and Protection
of Privacy Act (FIPPA) late last year ushered in a new era for
the BC public sector, providing BC public bodies with the
flexibility to store personal information outside of Canada. While
this is a significant step forward from the previous "data
residency" rules, which prohibited access and storage of
personal information outside of Canada except in limited
circumstances, this new regime presents public bodies with new
challenges to navigate.
The new more permissive regime
In the aftermath of the FIPPA amendments, public bodies have
been presented with a far more permissive legislative
framework.
With respect to access, the stringent restrictions on access to
personal information by individuals located outside of Canada have
been entirely removed from FIPPA. As a result, public bodies are
now able to, for example, allow contractors and consultants located
outside of Canada to remotely access personal
