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ARTICLE · 03 OCTOBER 2014

SCC Protects Internet Users’ Expectation Of Privacy In Online Activities

On June 13, 2014 the Supreme Court of Canada decided that Canadians have a reasonable expectation of privacy in their online activities.

CanadaPrivacy

On June 13, 2014 the Supreme Court of Canada decided that Canadians have a reasonable expectation of privacy in their online activities, and confirmed that a police investigation isn't enough to give them the "lawful authority" to get personal information from organizations without a warrant under privacy laws – though it's not clear what is.

Police asked an Internet Service Provider (ISP) for the identity of a subscriber associated with an "internet protocol" (IP) address (a unique string of numbers) connected to online activities during a criminal investigation – and the ISP gave it.  The police used the information to ultimately charge Matthew David Spencer. Spencer said the police got his identity and the evidence without a warrant, breaching his right to be free from unreasonable search and seizure under the Charter of Rights and Freedoms, and couldn't use any of it. The police said they didn't need a warrant: PIPEDA (Personal Information Protection and

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