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.

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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.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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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.

Friday, December 16, 2005

Every Move You Make, Part Three: Why Law Enforcement Should Have to Get a Warrant Before Tracking Us Via our Cell Phones 

Check out Anita Ramasastry's latest Cyberlaw column at Findlaw. Good reading:

FindLaw's Modern Practice - Every Move You Make, Part Three: Why Law Enforcement Should Have to Get a Warrant Before Tracking Us Via our Cell Phones:

We have a reasonable expectation of privacy with respect to our movements, as we go about our daily business. Though sometimes we may be seen by passersby and by security cameras, at other times we will not be; and sometimes, we will be in the privacy of our own homes or offices when we carry our cell phones. Our expectation of privacy should be honored, as the Texas and New York courts held.

But other courts in other jurisdictions have held otherwise. For that reason, Congress should now step in and ensure, by statute, that the warrant requirement applies under these circumstances.

The balance of privacy and security is a delicate one - and the warrant requirement is an appropriate check on law enforcement's ability to track, via cell phone data, every move we make....

Thanks to Sabrina Pacifici's beSpacific for the link: beSpacific: Commentary on Privacy and Cell Phone Tracking.


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