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text messages used in court

Reasonable expectation of privacy and text messaging

The task of picking up the phone, dialing and anticipating a “hello” on the other end can be daunting for many people. Text messaging, compared to phone calls, has dominated the way we communicate with one another over the years. With the abundance of text messages exchanged between people, there stems an important question with respect to privacy. That is, is there a reasonable expectation of privacy in a text message once it has been sent and received by the intended recipient? The Ontario Court of Appeal recently concluded that there is not. Thereby ruling that text messages seized from a recipient’s phone can be used against the sender in court.

 

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