ARE TEXT MESSAGES CONFIDENTIAL?

When you send a text message do you still maintain a privacy interest in the received text? It depends. “The subject matter is not the copy of the message stored on the sender’s device, the copy stored on a service provider’s server, or the copy received on the recipient’s device that the police are after; it is the electronic conversation itself, not its components. Even where an individual does not have exclusive control over his or her personal information, only shared control, he or she may yet reasonably expect that information to remain safe from state scrutiny.”

Source: CanLII – 2017 SCC 59 (CanLII)