Production Order Challenge Results in Recognition of Duty to Assert Consumer Privacy Rights

On January 14th, 2016, in R. v. Rogers Communications, Sproat J. of the Superior Court of Justice issued a very important decision for organizations that find themselves subject to a search warrant or production order seeking personal information in their records about third parties.

The Court found that an organization in this situation has standing — and potentially a duty — to challenge the order if it constitutes an undue interference with the privacy interests of the third parties. The decision underscores the importance of obtaining legal advice before responding to such a request, to assist in determining whether the order should be challenged. The decision is particularly important for financial institutions, health care institutions and telecommunications companies who are routinely subject to orders compelling production of personal information regarding customers, patients and subscribers, respectively.

My colleagues Bonnie Freedman and Graeme Hamilton published a short piece on this topic. To read the article, please click here.

To view a French summary of the decision, please click here.

This content has been updated on January 20, 2016 at 10 h 23 min.