New Zealand Customs get power to demand passwords

Wellington: New Zealand’s civil rights watchdog has raised concerns over new laws allowing customs officers to demand passwords for electronic devices such as laptops or mobile phones at the border. Failure to comply with the so-called “digital strip search” rules, which came into effect this week, can result in a NZ$5000 (FJ$6952) fine along with the seizure and destruction of the device.

The New Zealand Council for Civil Liberties described the powers as “grossly excessive” and disproportionate. Council chairman Thomas Beagle said it was a grave invasion of privacy to give customs officers access to information on smartphones, which could include data such as medical records, emails and letters. “We’re giving customs access to our entire digital lives so they can possibly stop someone importing a pirated movie or avoiding paying duty,” he said. Customs officers must have “reasonable cause” to suspect an offence is being committed. However, Beagle said Police and intelligence services faced much tougher hurdles before they could demand passwords.

“The reality of this law is that it gives Customs the power to take and force the unlock of people’s smartphones without justification or appeal,” he said. NZ Customs said officers in many countries could demand access to electronic devices but the new law was believed to be the first time providing passwords had been specifically mentioned in legislation.