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emails, potentially dating back years. The data storage
capacity of a phone can vastly exceed what an individual could
carry on their person or in a briefcase: thousands of pictures,
messages, or videos. When combined in sufficient quantities,
even individually mundane pieces of information have the
potential to reveal aspects of our most private lives.
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[129] Second, computers and cell phones are ‘fastidious
record keeper[s]’ (Vu, at para. 42). These digital devices can
generate records of websites visited, documents read and
created, and the details of the uses of almost all programs on
the device. Cell phones in particular retain records of
messages, both drafted and sent, calls made, and files
transmitted and received. The ability of a cell phone to
generate an exhaustive record of seemingly trivial aspects of a
person’s day-to-day life means that it contains a far more
thorough picture of what that person thought, said and did than
any conventional form of data storage ever could. Because
cell phones record details about so many aspects of our lives
that would otherwise disappear, any intrusion into the device
compromises our privacy interest in an unprecedented way.
Our cell phones, on a daily basis, perform a level of
surveillance which can generate and allow access to
information ranging from social media communications to
personal habits, and from tracked news feeds to medication
schedules.
[130] As well, digital devices can retain files and data even
after users think they have been destroyed (Vu, at para. 43).
This problem may be even more pronounced with respect to
cell phones, on which detailed manipulation of background
files can be even more challenging for the average user.
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[131] Finally, the limitation inherent in searches incident to
arrest – limiting a search to a particular place or item – is not a
meaningful restriction, since modern digital devices are portals
to vast stores of information that is not ‘in’ the device, but is
instead stored on servers, or on third party devices (Vu, at
para. 44). For example, if a user logs in to an Internet browser
on both her home computer and on her cell phone, the browser
on the cell phone may contain not just a fastidious record of
Internet usage on the cell phone, but also on the home
computer. Similarly, social media applications may allow the
holder of the cell phone to review messages and information
generated by the user on other devices. Emails which have
never been sent or read from the cell phone may be accessible
through email applications (potentially including those sent
many years ago). Files which have never been opened or
created on the cell phone may be accessible through
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