What can customs and border protection officials do?
- Search you and your property
- Ask you to open your device using your password, voice recognition or fingerprint access
- Look at whatever’s on your device, copy files, and analyze the data
What can customs and border protection officials NOT do?
They are not allowed to use the device to examine remotely stored information (information stored on the cloud).
If I have confidential client information on my device, what should I do?
- Identify yourself as a legal professional
- Explain that your device includes confidential client information and/or privileged information
- Ask the purpose of the search
- Ask to speak to the border official’s supervisor if there is a risk of a breach
- Consider bringing the situation before a court so that a judge may decide how to proceed
- Contact your professional regulatory body practice advisor for advice
Main Take Away
Do not have any privileged information on your device when you are crossing the border.
Learn More:
- The CBA Border Alert Toolkit (Member Only)