In R v Spencer, which dealt with informational privacy relating to Internet service subscriber data in the hands of third - party companies, Cromwell J, for the court, organized the expectation of privacy analysis into four general areas: (1) the subject matter of the alleged search; (2) the
claimant's interest in the subject matter; (3) the
claimant's subjective expectation of privacy; and (4) whether this subjective expectation of privacy was objectively reasonable, having regard to the totality of the circumstances.6 None of these tests are inconsistent; they are articulations of the same overarching concerns
grouped differently as suited to a particular inquiry.