Do the Applicants Have a Reasonable Expectation of Privacy in the Subscriber’s Name and Address?
In R. v. Wilson, the judge concluded that the applicant had no reasonable expectation of privacy in subscriber information. She noted that an expectation of privacy in personal information only extends to information that is biographical in nature and reveals specifics about the life and interests of the individual. A person’s name and address, she found, is not “biographical information” that one would expect to keep private from the state. By contrast, the judge in R. v. Vasic accepted that disclosure of an individual’s name and address to someone who possesses the individual’s IP address may reveal details of the lifestyle and personal choices of the individual, but ultimately came to the same conclusion as the judge in R. v. Wilson — that the applicant had no reasonable expectation of privacy in the subscriber’s name and municipal address. ISP Disclosure Agreements and Protocol In assessing whether the applicants had a reasonable expectation of privacy, the courts also looked at th