The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.
The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.
For full contact information and a brief bio, please see David's profile.
The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.
This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.
Wednesday, September 07, 2005
New York Newsday is reporting that there is great surprise that the New York Police were able to subpoena pager messages in connection with a money laundering and drugs investigation: New York City - Crime.
Why is this a surprise? I'm not a New York lawyer or particularly knowledgeable about the US Bill of Rights, but it seems clear that (i) if it exists, (ii) is relevant and (iii) is not privileged, it can be compelled. Period. This applies to surveillance tapes, computer logs, computer hard-drives, Blackberry PIN messages, diaries, e-mail, blog entries, paintings and (this is untested) engraved stone tablets.
If there is any surprise, it should be that the paging company hangs onto data long enough that it can hand 150,000 messages to the police when they show up with a warrant.
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