Privacy Guide Outlines Rights in Electronic Devices at the Canadian Border

At a time when our electronic devices contain an over-more detailed window every facet of our lives, international travel poses a growing challenge to privacy as the expansive powers granted to our border control agents are leveraged with increasing frequency to search our digital repositories. The BC Civil Liberties Association (BCCLA), with help from CIPPIC and under the generous auspices of CIRA's Community Investment Program, has updated its Electronic Devices Privacy Handbook, which outlines the types of intrusions individuals can expect when attempting to cross the Canadian border with electronic devices in hand and explains some of the legal and policy rationales which guide emerging legal rights in this context. Can devices be searched randomly? Must such a search be cursory or can it be extensive? Can devices be seized and kept? Can individuals be compelled to provide passwords to their devices? The Guide, a short version of which is available in 7 languages, also suggests some best practices for individuals who might be concerned that their sensitive photos, their legally privileged work documents or their list of journalistic sources might fall into the hands of the state simply because they need to travel in and out of Canada.

• Read the full guide: Electronic Devices Privacy Handbook 2.0: A Guide to Your Rights at the Border, BCCLA/CIPPIC, October 2018
• Peruse the short version of the guide in English, French, Arabic, Mandarin, Punjabi, Spanish or Tagalog
• Read BCCLA's and CIRA's resource pages for the project

Image credit: BCCLA, 2018

Tamir Israel, Staff Lawyer, CIPPIC