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.
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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, September 14, 2007
Public Safety minister says warrants required for customer names and numbers
This is interesting and weird ... Stockwell Day appears to say that he agrees that law enforcement access to customer names and numbers requires a warrant today and should always. [Insert head scratch here.]
Check it out yourself:
Warrant needed to pull data on Internet users: Day Safety minister opens closed consultationsCarly Weeks
The Ottawa Citizen
Friday, September 14, 2007
Public Safety Minister Stockwell Day announced late yesterday that the federal government will not force Internet service providers to hand over customers' personal information to police without a warrant -- a move that will surprise critics who have been expressing alarm this week that the Harper government appeared poised to intrude on the civil liberties of Canadians.
"We have not and we will not be proposing legislation to grant police the power to get information from Internet companies without a warrant. That's never been a proposal," Mr. Day said. "It may make some investigations more difficult, but our expectation is rights to our privacy are such that we do not plan, nor will we have in place, something that would allow the police to get that information."
...
Mr. Day said the consultation document was circulated without his knowledge or consent and emphasized that all groups, regardless of their perspective, should have a chance to voice their opinions on the contentious issue.
"That document never would have gone out if I had seen it," Mr. Day said. "This particular document just somehow went out without my approval."
...
But, Mr. Day added, the purpose of the consultation is not to look for ways to make it easier for police to obtain customers' personal information without a warrant. Instead, the federal consultation is seeking to ensure Internet companies are aware of their need to comply when presented with court orders, Mr. Day said. ...
Labels: law enforcement, lawful access, privacy, surveillance, warrants
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