Canadian Supreme Court Delivers Huge Win For Internet Privacy

An anonymous reader writes For the past several months, many Canadians have been debating privacy reform, with the government moving forward on two bills involving Internet surveillance and expanded voluntary, warrantless disclosure of personal information. Today, the Supreme Court of Canada entered the debate and completely changed the discussion, issuing its long-awaited R. v. Spencer decision, which examined the legality of voluntary warrantless disclosure of basic subscriber information to law enforcement. Michael Geist summarizes the findings, noting that the unanimous decision included a strong endorsement of Internet privacy, emphasizing the privacy importance of subscriber information, the right to anonymity, and the need for police to obtain a warrant for subscriber information except in exigent circumstances or under a reasonable law.

Comments

But

[rossdee]

What if the company involved is in the USA

Re:But

[Mashiki]

What if the company involved is in the USA

It means nothing. Because in Canada, you're still subject to the laws of Canada if you sell, offer, or deliver a product here. And in 99% of all cases, the company either operates here or operates through a subsidiary. If the ruling couldn't go against a company because they had no presence, it would go after those who are distributing the product.

Re:What's lost in the rhetoric and internet rage

[sribe]

This whole situation assumes a government having access to and data-mining your online activities is inherently more dangerous than the same behavior by large, multinational, profit driven corporations.

Large multinational corporations do not (yet, at least) have the ability to storm your house with heavily armed troops, kick in your door, throw you face down on the floor, tear apart your house, and shoot you dead if you so much as give any hint of resistance. So yes, government is more dangerous.

Re:Rare privacy win, for Canadian citizen's

[Mashiki]

What do you mean "rare?" The SCC regularly rules on the side of citizens. Note the striking down of a 30 year old section of the law regarding exigent circumstances. Also note the privacy commissioner regularly going after companies like Google and Facebook for violating the privacy rights of people here. Despite what people think, the courts have started fundamentally shifting back to the rights of the individual. This includes away from the government, business, and criminals. In the last 14 years especially away from the rights of criminals.

Great to see, eh?

[sasparillascott]

Just awesome to see the Canadian legal system still has its eyes open. Now the political/intelligence system has been in lockstep with the U.S. on the surveillance of everything/everyone program - but maybe there's hope up in the great north. I wish our (U.S.) legal system was so clear sighted on these issues.