In a year in which privacy issues have captured near weekly headlines, one concern stands out: warrantless access to Internet and telecom subscriber information. From revelations that telecom companies receive over a million requests each year to the Supreme Court of Canada’s landmark decision affirming that there is a reasonable expectation of privacy in subscriber information, longstanding law enforcement and telecom company practices have been placed under the microscope for the first time.
Last week, the Privacy Commissioner of Canada released a report that shed further light on the law enforcement side of warrantless disclosure requests, raising disturbing questions about the lack of record keeping and politically motivated efforts to drum up data on the issue.
My weekly technology law column (Toronto Star version, homepage version) notes that the Office of the Privacy Commissioner of Canada notified the Royal Canadian Mounted Police last October that it was planning to conduct preliminary investigative work on the collection of warrantless subscriber information from telecom companies. The plan was to assess RCMP policies and to determine the frequency and justification for warrantless requests.