The Canadian Supreme Court establishes that specific authorisation is needed for computer searches in Canada, raising questions on the same matter in EU law (Vu)

Introduction The Supreme Court of Canada (“court”) ruled on November 7, 2013 in R v Vu (“Vu”) [1] that specific warrant authorisation is needed to execute searches of computers and mobile phones. While the judgment concerned alleged offences in relation to the production and possession of marijuana, the framework it sets out would also likely apply to computer and mobile phone searches conducted pursuant to the Competition Act (“Act”) [2]. The cautious approach adopted by the court in Canada stands in sharp contrast with the sweeping powers of investigation with respect to electronic data in European Union (“EU”) competition law as explained by the European Commission (“Commission”) in a revised explanatory note (“Commission explanatory note”) published in March 2013 [3]. This article

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  • Commonwealth Secretariat (London)

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Gavin Murphy, The Canadian Supreme Court establishes that specific authorisation is needed for computer searches in Canada, raising questions on the same matter in EU law (Vu), 7 November 2013, e-Competitions Due Process Research Program, Art. N° 67860

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