It is important to note that neither party disputed the fact that Mr. Cole had
no reasonable expectation of privacy over the nude photographs.
As for the police search, the Court concluded that as Mr. Cole had
no reasonable expectation of privacy over the nude photographs, he had no legal basis to attack the search and seizure.
Mr. Cole had
a reasonable expectation of privacy over his temporary Internet files because his employer allowed him to use the laptop for personal purposes.
In Mr. Cole's case, the evidence weighed both for and against
a reasonable expectation of privacy over the temporary Internet files.
The Supreme Court of Canada («SCC») recently considered the extent to which employees have
a reasonable expectation of privacy over personal files kept on employer - issued laptops.
Not exact matches
Email in the 1990s was carried
over hardlines, like telephone signals, and afforded a
reasonable expectation of privacy as well as any other commonly used mode
of transmission.
The Court concluded there is a
reasonable expectation of privacy in customer account records, but this
expectation can be destroyed by an ISP if their service agreement grants them wide latitude to hand
over customer information.
Courts have determined that the police may record the numbers dialed on a telephone because the defendant had «voluntarily» turned the information
over to a third party (the phone company).10 According to the Court, information which an individual makes available to a third party no longer contains a
reasonable expectation of privacy.11
The Court concluded there is a
reasonable expectation of privacy in your account records, but this
expectation can be destroyed by your ISP if their service agreement grants them wide latitude to hand
over customer information.
«Certain industries have such a history
of government oversight that no
reasonable expectation of privacy could exist for a proprietor
over the stock
of such an enterprise.
The Plaintiff argued that because the Town's email policy was never adopted by his Union and because employee emails were stored on a third party server, he had a
reasonable expectation of privacy in emails sent
over the Town's email system.
The Committee believes that e-mail communications, including those sent unencrypted
over the Internet, pose no greater risk
of interception or disclosure than other modes
of communication commonly relied upon as having a
reasonable expectation of privacy