Wednesday, September 17, 2014

Supreme Court ruling hasn't stopped warrantless data requests in Canada

Supreme Court ruling hasn’t stopped police from warrantless requests for data | Toronto Star - Alex Boutillier:

September 17, 2014 - "Police in Canada used to ask telecom companies to voluntarily hand over data on Canadian customers more than a million times per year. In June, the Supreme Court struck down this warrantless method as an invasion of privacy.

"But while the number of warrantless requests has dropped since the decision, they have not stopped, an investigation by the Star and the Halifax Chronicle Herald has found. Key players, including the country’s largest police force and a major telecom, aren’t saying whether they still send or accept them.

"Another of Canada’s 'big three' telecoms, Rogers, started demanding warrants for all requests after the June ruling, known as the Spencer decision. Even after this policy change, the company continues to receive warrantless requests, according to Ken Engelhart, vice-president of regulatory affairs at Rogers....

"TELUS confirmed in a statement that they also require a warrant to access such data in all but the most extreme circumstances. The company did not disclose, however, if it is still receiving warrantless requests....

"The last of Canada’s 'big three' telecoms, Bell, has repeatedly refused interview requests on the issue."

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