Canadian Anti-Spam Legislation (CASL)
Use of Fluid Surveys
In the Fall of 2014, the Province of British Columbia issued a directive to public sector organizations to refrain from using Fluid Surveys, as the company had been acquired by SurveyMonkey out of the United States. This meant that Fluid Surveys was now an American company and as per section 30.1 of BC's Freedom of Information and Protection of Privacy Act ("the Act"), public bodies would no longer be in compliance of the Act if personal information was managed in this service (as personal information was now collected, stored, accessed and/or disclosed outside of Canada).
View the Fall 2014 Fluid Surveys Memo directive to public-sector organizations from the Province of British Columbia. This memo also includes important guidelines to ensure proper privacy and security measures are in place (e.g. no IP tracking).
Can I still use Fluid Surveys? Yes, you *may* be able to use Fluid Surveys or other non-Canadian survey tools. If you are completing a survey that may require personal information, or using a tool that is not Fluid Surveys, please complete a Privacy Impact Assessment before launching your survey. If there is no collection of personal information during the course of the survey, then there is no restriction on the use of Fluid Surveys (or other survey tools). If you provide a detailed consent notice and require survey participants to acknowledge and consent in advance of continuing with the survey, you are more likely able to compliant with the Act while using Fluid Surveys. Each survey type and the nature of personal information being collected and used varies, Discussing your use of Fluid Surveys early in your project plan may help prevent roadblocks around compliance concerns as you are preparing to launch your survey.
Looking for sample wording to use for your survey notification and to obtain consent? Need clarification, assistance or consent wording? Contact the Information Goverance Officer at email@example.com
Privacy Impact Assessments
What is a Privacy Impact Assessment and how can I complete one? Click here for more information