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ARTICLE · 14 MARCH 2024

SCC Weighs In On IP Addresses As Personal Information – But Does The Answer Help?

Cassels
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By a recent 5/4 split decision in a criminal matter, the Supreme Court of Canada (SCC) found that a reasonable expectation of privacy attaches to an IP address...

CanadaPrivacy
Bernice Karn
Bernice Karn
Stephen Selznick
Stephen Selznick
Misha Apel
Misha Apel
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By a recent 5/4 split decision in a criminal matter, the Supreme Court of Canada (SCC) found that a reasonable expectation of privacy attaches to an IP address1 and that a request by police for an IP address is a search for which judicial authorization must be obtained. How relevant is this for companies collecting IP addresses in the normal course of business? Let's discuss.

FACTS OF THE CASE

While investigating fraudulent online purchases from a liquor store (using unauthorized credit card data to buy gift cards), police contacted the third-party payment processing company that managed the store's online sales to obtain the IP addresses used for the purchases. The payment processor voluntarily supplied the requested IP addresses to police, who obtained a production order compelling the relevant internet service provider to disclose the name and address of the customer for each IP address. The police then used this information to seek and execute

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