The Supreme Court of Canada has released its judgment in the Spencer case. It held that the police had no legal right to ask an ISP for subscriber information, as that would violate the subscriber’s reasonable expectation of privacy. The type of information that could be gleaned from the information went beyond the mere name and address into browsing practices, i.e. sensitive information in which the subscriber might reasonably expect anonymity.
The section of PIPEDA that allows custodians of data to disclose the data to law enforcement officials without telling the data subject, did not apply where the search . . . [more]