Not So Fast, Not So Much – Data Protection For Cell Tower Traffic Data

In the context of criminal investigations police in Canada may obtain "tower dump" production orders. These are orders requiring the applicable cellular telecommunications providers to disclose all records of cellular traffic through a particular cell tower over a specified time period. In R. v. Rogers and Telus, 2016 ONSC 70, Justice Sproat noted that "Every year such orders require cellular providers to produce the names and addresses of hundreds of thousands, if not millions, of subscribers; who they called; who called them; their location at the time; and the duration of the call. These orders may also require that credit card information be provided."

The context for this case was that Telus and Rogers were served with an expansive "tower dump" production order as part of an investigation by Peel Regional Police who were instigating a series of jewellery store robberies. The Police sought to identify persons using cell phones in the vicinity of each store around