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ARTICLE · 06 DECEMBER 2017

Location Of Third-Party's Server Housing Municipal Data Ordered Disclosed

McCarthy Tétrault
McCarthy Tétrault
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McCarthy Tétrault

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Against the backdrop of terrorist attacks, alleged voter fraud and fake news, one would think arguments that the security and integrity of the voting process would be compelling.

CanadaTechnology

Against the backdrop of terrorist attacks, alleged voter fraud and fake news, one would think arguments that the security and integrity of the voting process would be compelling. However, on November 15, 2017 the BC Office of the Information and Privacy Commissioner ("OIPC") rejected arguments along these lines and ordered the City of Vancouver ("City") to disclose the physical location of computer servers that stored voter data for the City's municipal election.1

Pursuant to BC's Freedom of Information and Protection of Privacy Act ("FIPPA"),2 a journalist requested the City to disclose its contract with the company that provided voting software and voter data storage to the City, and to other municipalities across Canada. The City partially complied with the request, disclosing the entirety of the contract except for the physical location of the computer servers and their corporate operators. The City relied on section 15(1)(l) of FIPPA, which permits an exemption

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