Canadian border officers can search your phone - and keep it

The Canadian Border Services Agency has full rights to not only browse through your phone - they can take your phone.

This isn’t just potential for an embarrassing naked photo to pop up in front of a CBSA officer. Having to give up your phone means the officer is allowed to ask for any passwords necessary to access any information on your device. You can refuse to give up a password, but that may main you end up handing over the device. Or better yet - remove any passwords and sensitive information before traveling.

Under Canada’s Customs Act, Canada Border Services Agency (CBSA) officers have the right to search the following at border crossings:

“CBSA officers are authorized to conduct searches of people entering Canada, including examining their baggage, parcels or devices such as laptops and smart phones. These activities may be conducted without a warrant.

CBSA policy states that examinations of personal devices should not be conducted as a matter of routine; they may only be conducted if there are indications that “evidence of contraventions may be found on the digital device or media.”

If your laptop or mobile device is searched, you will likely be asked to provide the password.

Officers may only examine what is stored within a device, which includes, for example, photos, files, downloaded e-mails and other media. If you refuse to provide your password, your device may be held for further inspection.” Source: Office of the Privacy Commissioner of Canada.

So far, checking phones has not become routine at the border. As stated above, you can refuse to give a password, but that means you may have to give up your device. You might want to consider deleting apps before crossing the border like Facebook, Instagram, or Twitter, that you don’t want accessed. Even work-sensitive material - if you don’t need it for your trip, consider if it’s worth bringing. Keep in mind you could always leave your phone at home.