Sounding the privacy alarm on new police tracking tools

Should the police be able to track who you call or text and where you are located throughout the day even when you are not suspected of any crime? Most people would not hesitate, I suspect, to say no.

If you are a lawyer, having that information tracked may be even more problematic if it is a phone you use for work. It could even violate solicitor-client privilege if the data is interpreted in the right way.

But that is what is happening now when police order what are known as “tower dumps.” As our cover story outlines, this technology allows police to obtain subscriber data and call records of anyone who used their mobile devices near a specific cell tower. Tower dumps are shrouded in secrecy, but there is no doubt the police are using this technology on a regular basis, as well as similar tools that impersonate actual cell towers and trick phones into attaching to them and disclosing phone log and location information.

Why should lawyers care? Because, in addition to the personal risk of a violation of solicitor-client privilege, lawyers are uniquely placed to highlight the risks — and realities — of how these tools are being used. They are also well positioned to provide solutions to the current situation.

Click here to read my full Editor's Desk column from the October 2017 issue of Canadian Lawyer.