Crossing Borders – Proceed with Caution

By Hans 'John' Kalina | Originally published March 4, 2017 | Reviewed and updated October 7, 2026

Crossing a border is not the same as an ordinary encounter with police. Border officers have broad inspection powers, including powers concerning electronic devices. That does not mean that travellers have no privacy rights. The country, the traveller’s status, the legal authority and the circumstances of the examination matter.

This article originally discussed border searches reported in 2017. The guidance below has been updated. Old news reports, expired forms and speculation about proposed screening measures should not be treated as current requirements.

Entering Canada: electronic-device examinations

The Canada Border Services Agency’s current guidance says that device examinations are not routine and are undertaken where there are indicators or concerns about a contravention of border legislation, where that legislation permits an examination. Its guidance is not a complete statement of the legal test. Whether a particular search is lawful also depends on the applicable law and court decisions.

CBSA says that officers disable network connectivity and examine information stored on the device, rather than accessing information stored only remotely. It also says that travellers must provide the password when asked and that failure to provide access can lead to detention or seizure of the device. If you dispute an examination, obtain advice about the specific situation; do not assume that refusal has no consequences.

Entering the United States

U.S. Customs and Border Protection’s current electronic-device policy distinguishes a basic manual search from an advanced search involving external equipment to review, copy or analyse content. Under that policy, an advanced search requires reasonable suspicion of a violation of a law enforced by CBP or a national-security concern, with supervisory approval. Equipment used solely to overcome encryption or a passcode, translate content or charge a device is not classified as an advanced search.

CBP’s policy limits examination to data resident on the device, not data accessible solely through a remote or cloud service. Officers are to disable network connectivity. The ability to retain a device or lawfully copy information is a separate issue. Agency policy should not be mistaken for a guarantee about how every dispute will be decided by a court.

A foreign national’s failure to provide access may be considered with the other circumstances when CBP decides admissibility. A U.S. citizen cannot be refused entry solely because the device cannot be inspected, although the device may be detained. Citizenship, permanent-resident status and visitor status are not interchangeable.

Protect privilege without obstructing an examination

If a device contains communications with your lawyer, identify the potential solicitor-client privilege before those materials are reviewed. CBSA’s guidance says that officers stop examining identified privileged material; where privilege is disputed, the device may be set aside for a court determination. Ask what procedure is being followed. Do not assume that the presence of some privileged information prevents every examination of the device.

Plan the information you need for travel in advance and use ordinary security precautions. Do not lie, conceal responsive information, destroy evidence or delete material to frustrate an investigation. If a device is retained, request written information identifying the action and the available review process. Deadlines can be short and depend on the decision being challenged.

Before you travel

Related guidance

For advice about your circumstances, contact our office. General information only, not legal advice.