You Can Stay Anonymous: SCC Recognizes A Privacy Interest In Protecting Anonymity On The Internet

On June 13, 2014, in a landmark privacy ruling, the Supreme Court of Canada ("SCC") in R v Spencer ¹("Spencer") unanimously recognized that, in addition to confidentiality and control of the use of personal information, there may be a privacy interest in protecting anonymity in the context of internet usage. In this decision, the SCC decided that a person has a reasonable expectation of privacy associated with Internet activities and that the "lawful authority" exemption in PIPEDA does not create a basis to provide such information to the police unless the police actually demonstrate that they have the requisite lawful authority to require the disclosure, such as pursuant to a warrant or court order.