CanadaDoes my internet service provider have to give my subscriber information to police without a warrant?
No, your internet service provider generally cannot give your subscriber information to police without a warrant — the Supreme Court ruled in R. v. Spencer that such disclosure requires judicial authorization unless a narrow exception applies.
What the Law Says
The Personal Information Protection and Electronic Documents Act (PIPEDA) sets limits on when organizations like ISPs can disclose personal information without your knowledge or consent.
Under PIPEDA, organizations are generally prohibited from collecting, using, or disclosing personal information without an individual’s knowledge and consent. However, section 7 outlines limited exceptions where collection or disclosure may occur without consent — for example, for law enforcement purposes under certain conditions.
Importantly, PIPEDA does not authorize warrantless disclosures to police. It only permits disclosure 'as required by law' or 'in response to a subpoena, warrant, court order or rules of court'. This means voluntary disclosure by an ISP to police — without legal compulsion — falls outside PIPEDA’s lawful exceptions.
Statutory Text7(3) For the purpose of clause 4.3 of Schedule 1, an organization may collect, use or disclose personal information without the knowledge or consent of the individual only if... (c) it is required by law; (d) it is requested by a government institution... for the purpose of enforcing any law... and the information relates to suspected unlawful activity;
— Personal Information Protection and Electronic Documents Act, s. 7(3) — Collection without knowledge or consent
What Courts Have Said
The Supreme Court of Canada has clearly established that individuals have a reasonable expectation of privacy in their internet subscriber information — and that police access to it constitutes a 'search' under the Charter.
The Court held that police requesting subscriber information linked to an IP address from an ISP constitutes a 'search' under section 8 of the Charter. Individuals have a reasonable expectation of privacy in this information, and police must obtain judicial authorization — such as a production order or warrant — before accessing it. Voluntary disclosure by an ISP without legal process violates the Charter.
What to Do
If you learn your ISP disclosed your subscriber info to police without a warrant or court order, consult a lawyer — this may be grounds to challenge evidence in court.
Ask your ISP about its privacy policy and whether it requires judicial authorization before releasing subscriber data.
Remember: Police can still obtain your information legally — but they usually need a production order (under Criminal Code s. 487.014) or warrant, not just a request.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.