Tuesday, September 30, 2014

Telus issues its first "Transparency Report" on government data demands

Full points to Telus for joining Rogers as the first Canadian telcos to issue a transparency report. The Report for 2013 [PDF] summarizes the disclosures of customer information made by Telus in broad categories:

Court Orders/ Subpoenas**

Court Orders 3,922

Subpoenas 393

Court Orders to comply with a Mutual Legal Assistance Treaty (MLAT) request 2

Customer Name and Address Checks 40,900

Emergency Calls 56,748

Internet Child Exploitation Emergency Assistance Requests 154

Legislative Demands 1,343

TOTAL 103,462


As Telus notes, their methodology for tracking these may differ from other telecommunications providers, so the numbers may not be directly comparable.

It is also particularly notable that Telus states their practices have changed in at least two areas following the R v Spencer decision:

Customer Name and Address Checks

Description: Requests to provide basic customer information, such as customer name and address. These are usually done in order to identify an individual associated with a telephone number. Previously, it was understood that such disclosure was permitted under Canadian law and TELUS’ service terms. However, in light of the recent decision of the Supreme Court of Canada in the case of R. v. Spencer, TELUS has changed its practice and now requires a court order for customer name and address information, except in an emergency or where the information is published in a directory.*

[Note: Hopefully, this does not suggest that they will provide a customer name and address when presented with an IP address, if that name and address are listed.]

Internet Child Exploitation Emergency Assistance Requests

Description: In response to police requests, TELUS disclosed the name and address of a customer using an IP address to help the police investigate a case of online child sexual exploitation. Previously, it was understood that such disclosure without a court order was permitted under Canadian law and TELUS’ service terms. However, the Supreme Court of Canada in the Spencer case (referred to above) has ruled that such disclosure requires a court order, except in an emergency. Accordingly, TELUS has amended its practices in this regard.


The Toronto Star has offered some commentary on this: Telus issues first ‘transparency’ report on requests for customer information | Toronto Star

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