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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.

Sunday, December 20, 2009

NB Court orders production of ISP data to litigant

Check out Dan Michaluk's summary of Carter v. Connors, 2009 NBQB 317, in which the New Brunswick Court of Queen's Bench ordered a litigant to obtain from her internet service provider a record of all her internet usage since the accident in issue to produce to the other side: Case Report – Another FaceBook production order made « All About Information.

I would be very surprised (shocked, actually) if the ISP kept a record of websites visited, going back five years.

From the first paragraph of the case:

[1] The Applicant-Defendant has brought a motion for an order that the Plaintiff, who is currently undergoing discovery examination by the Applicant’s counsel, provide an undertaking to have her Internet Service Provider, Bell-Aliant, disclose the history of her Internet use at her home from the date of a motor vehicle accident in 2004 until today. Included in that request is a specific ancillary request that, in the event the motion succeeds, the technician that assembles the Internet use record segregate as a discrete record, if possible, the time spent on the Internet social network site Facebook that may be disclosed in the Plaintiff’s Internet use account record. The Plaintiff has conceded in her examination that she also has an account on the social networking site Facebook. The motion is brought pursuant to Rule 33.12 of The Rules of Court but, practically speaking, under the auspices of Rule 32.06 and 33.08(3) of The Rules of Court.

Labels: social networking