The Supreme Court Of Canada Recognizes Privacy Rights In IP Addresses

• Published date: 24 March 2024
• Law Firm: Bennett Jones LLP
• Author: Mr Robert Staley, Cheryl Woodin, J. Sébastien Gittens and Douglas Fenton

In a first-of-its-kind decision, R. v. Bykovets, 2024 SCC 6 (Bykovets), the Supreme Court of Canada has adopted a broad view of internet privacy'at least in the criminal and public authority context'finding that internet protocol (IP) addresses attract a reasonable expectation of privacy protected by section 8 of the Canadian Charter of Rights and Freedoms (the Charter). Section 8 guarantees Canadians the "right to be secure against unreasonable search and seizure." Section 8 of the Charter does not typically apply in disputes between private individuals and requires a degree of government or public authority involvement. Until this point, only subscriber information associated with a particular IP address had attracted a reasonable expectation of privacy. Bykovets now conclusively resolves the debate as to whether an expectation of privacy exists in the IP address itself.

Bykovets has important implications for private organizations that regularly respond to requests for production of information from law enforcement or regulatory authorities. In general, law enforcement authorities will need to seek prior judicial authorization before requesting IP addresses. Bykovets also reflects a broader conceptualization of online privacy which will shape the development of Canadian privacy laws going forward.

The Facts and Background

In 2017, the Calgary Police Services investigated fraudulent online purchases from a liquor store. The police contacted Moneris, the third-party processing company that managed the store's online sales. Moneris voluntarily provided the IP addresses associated with the fraudulent transactions.

The police then obtained a production...