A recent Ontario Superior Court decision may obligate companies to mount constitutional challenges to production orders that intrude on customers' privacy.
"R. v. Rogers tells companies like telcos, banks and others that they must review production orders carefully and challenge them if they raise significant constitutional issues," says Scott Hutchison of Henein Hutchison LLP in Toronto, who was lead counsel on the application by Rogers and Telus to quash certain production orders.
The upshot is that telecom companies and others are not only entitled to stand up for their customers' privacy rights in that information, but may also be contractually obligated to do so.
Lexpert contributor Julius Melnitzer reports at lexpert.ca/globe.