Could police get your online data without a warrant? What Liberals propose

'This applies to any provider of a service in Canada,' one expert warned. 'That means hotels, car rental companies, your gardener — it doesn't matter.'

Concerns are growing over how the Liberal government’s new border security bill could be the “biggest overreach” into Canadians’ privacy in years by making it easier for law enforcement to access people’s online subscriber or client data — some of it without a warrant.

The Strong Borders Act, or Bill C-2, would let police demand subscription information and transmission data from internet providers and other online companies under “reasonable” suspicion of a crime or for information that will assist in a criminal investigation.

While the government insists the information collected will not include what’s in those communications — which will still be subject to a judge’s sign-off — legal experts, civil rights advocates and Opposition Conservatives say the bill could still violate Charter rights.

“I think this represents perhaps one of the biggest overreaches we’ve seen from any government when it comes to Canadian privacy,” said Michael Geist, a professor and Canada Research Chair in internet and e-commerce law at the University of Ottawa.

Much of Bill C-2 focuses on proposed changes to border security, combating fentanyl trafficking and limiting asylum rules, but it also seeks to update the Criminal Code to give police “lawful access” to internet provider information.

The legislation would allow a law enforcement officer to demand specific client subscription information from “a person who provides services to the public,” and whether the provider “possesses or controls any information, including transmission data, in relation to that subscriber, client, account or identifier.”

“Transmission data” refers to metadata that broadly describes communications (such as dates and times messages were sent or received), but not the content of those messages.

The demand for information — including dates of services provided, and where it was provided either within or outside Canada — would not require a judge’s sign-off.