Disclosure of online identity if breach of right of privacy:
Right of privacy is statutorily recognised in Canada. Personal Information Protection and Electronic Documents Act, 2000 bars disclosure of personal information except in cases excepted under section 7(3) of said Act.
Breach of right of privacy:
The police identified the Internet Protocol (IP) address of a computer that someone had been using to access and store child pornography through an Internet file-sharing program. They then obtained from the Internet Service Provider (ISP), without prior judicial authorization, the subscriber information associated with that IP address. This led them to the appellant, Mr. Spencer. He had downloaded child pornography into a folder that was accessible to other Internet users using the same file-sharing program. He was charged and convicted at trial of possession of child pornography and acquitted on a charge of making it available.
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