This report provides an in-depth legal and policy analysis of technology-facilitated intimate partner surveillance (IPS) under Canadian law. Stalkerware apps are designed to facilitate remote surveillance of an individual’s mobile device use with the surveillance often being covert or advertised as such. Despite increasing recognition of the prevalence of technology-enabled intimate partner abuse and harassment, the legality of the creation, sale, and use of consumer-level spyware apps has not yet been closely considered by Canadian courts, legislators, or regulators.
Posts tagged “Law”
This report was collaboratively written by researchers from computer science, political science, criminology, law, and journalism studies. As befits their expertise, the report is divided into several parts, with each focusing on specific aspects of the consumer spyware ecosystem, which includes: technical elements associated stalkerware applications, stalkerware companies’ marketing activities and public policies, and these companies’ compliance with Canadian federal commercial privacy legislation.
This report investigates the surveillance capabilities of IMSI Catchers, efforts by states to prevent information relating to IMSI Catchers from entering the public record, and the legal and policy frameworks that govern the use of these devices. The report principally focuses on Canadian agencies but, to do so, draws comparative examples from other jurisdictions. The report concludes with a series of recommended transparency and control mechanisms that are designed to properly contain the use of the devices and temper their more intrusive features.
Social Media Watch returns with updates from the EU and US legal landscape, some notable cases of government access to personal data, and an overview of some important reports describing the need for updated regulation in the data economy.
In this post we explain how Canadians can issue requests to their telecommunications companies to learn what personal information those companies collect, retain, and disclose about them. We argue that Canadians should do this both to empower themselves and to enable Canadian policy experts and government officials to better hold the companies to account.