Devices not too private when you’re crossing the U.S.-Canada border

In today’s political climate, it’s understandable why travellers might be more anxious than usual about crossing into Canada from the United States.

That’s why the B.C. Civil Liberties Association offered tips Wednesday by publishing a free online guide called the Electronic Devices Privacy Handbook: A Guide to your Rights at the Border. The guide aims to help travellers understand their data privacy rights at the border, best practices on how to protect their data, and how to interact with Canadian border officers.

Note that this information deals with border guards working with the Canada Border Services Agency, for those entering Canada.

Are border guards allowed to ask for my password to search my phone and/or laptop?

Yes. Meghan McDermott, a lawyer with the Civil Liberties Association says courts haven’t yet established that searches of electronic devices without reasonable suspicion are “an unreasonable invasion of privacy.” That’s why the association recommends minimizing the amount of data you have on your device when crossing the border.

Why are border guards allowed to search my devices? Don’t I have rights?

While the Charter of Rights and Freedoms does apply at the border, courts have found that the government’s interest in keeping dangerous goods and undesirable people out of the country gives the CBSA more power to search people and their possessions at the border than in other settings.

Will I be arrested if I refuse to hand over my devices or a password?

There’s uncertainty over this, but it has been noted that the CBSA does have the right to arrest people or threaten arrest for failing to provide a password when requested. If you do refuse to give a password and aren’t arrested, the Civil Liberties Association warns you may be flagged as a target for future searches.

How does a border guard decide whether or not to search me or my devices?

Canada’s public safety minister, Ralph Goodale, says the CBSA, by policy, does not routinely examine the contents of cellphones or other electronic devices. However, if there are “multiple indicators that evidence of contraventions may be found on a device,” a traveller could be pulled over for a search of their persons or devices.

What are some of the possible target signals that border guards are looking for?

While the CBSA has not provided a list, the Civil Liberties Association has some ideas of what they may be looking for:

If you’re importing something the CBSA deems suspicious or is associated with a flagged importer/exporter.

Travellers who have recently visited “high-risk” destinations.

If you are a single man travelling alone, if you look nervous or if you have unusual travel routes.

If you have multiple electronic devices, including hard drives.

Suspicious filenames or folder names that suggest pornography.

Your ticket to travel was purchased at the last-minute or your luggage tags have coding that doesn’t match where you’re coming from.

How can I keep my data private when crossing the border?

Leave your devices at home, or make a backup of your data at home and double delete it from your device.

Turn off your device before crossing the border since security experts can access the memory if it is on even without a password.

Use two-factor authentication in case the border agency seizes one device but not the other.

What should I do if I was improperly searched or discriminated against?

If you feel the search was improperly conducted, it’s recommended you file a complaint with the CBSA. If you believe the search was the result of discrimination, you can file a complaint with the Canadian Human Rights Commission.