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Border Alert!

• Going to the U.S.
• Responding to a U.S. border official’s request
• Best practice: file management
• Getting ready to go
• How to clean your device
• Coming back to Canada
• They took my phone, tablet, laptop…
• CBA efforts
• Resources

It is best not to cross the border with any client information on your device. This includes contact information, emails, letters, and client-related research.

Before you head out to the airport, port, or border:

• Decide which devices you need to take with you.
• Travel with clean devices. Either have a separate device that is clean and ready to go or clean your device before you go. Do not travel with client information on your device.
• Put your device in airplane mode as soon as it is clean to prevent privileged information being sent to it. Do not take it off airplane mode until you are past border security. When travelling by plane, do not take your device off airplane mode when your plane lands. Wait until you are outside the secured area of the airport.
• Password protect your device.
• Carry identification to prove that you are a practicing legal professional entitled to solicitor-client privilege.
• In case some client information is on your device, have access to a copy of:
  • U.S. Customs and Border Patrol Directive, dated January 4, 2018, CBP Directive No, 3340-049A: Border Searches of Electronic Devices
  • Minister of Public Safety, Ralph Goodale’s letter, dated June 28, 2017 to Herman Van Ommen, QC, President of the Law Society of British Columbia.
• Remember, there is a reduced expectation of privacy when crossing the border and, unless you are an American citizen, you can be refused entry for not complying with border official requests.
• Wait until you are clear of the customs area before taking your device off airplane mode. You can then download any essential information that you want to access while travelling.