Crossing the line? The CBSA’s examination of digital devices at the border
This report details the OPC's investigation into six complaints concerning the Canada Border Services Agency's (CBSA) search of travellers' digital devices at the border. The OPC found that the CBSA contravened the Privacy Act by failing to adhere to its own policies and legal authorities regarding these searches, particularly concerning the scope of data accessed and the lack of proper documentation. The CBSA accepted most operational recommendations for improvement but disagreed with recommendations for legislative reform.
- CBSA's authority to examine digital devices at the border under the Customs Act
- Compliance with CBSA's internal policy on digital device examinations
- Collection and retention of personal information from digital devices
- Adequacy of training and oversight for CBSA officers
Complaints well-founded — conditionally resolved pending legislative reform
The OPC found that the CBSA contravened the Privacy Act by exceeding its authority under the Customs Act and failing to follow its own policies regarding the examination of digital devices, including improper data access and inadequate documentation. The CBSA accepted operational recommendations but disagreed with legislative reform proposals.
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The CBSA committed to implementing several operational recommendations, including mandatory training, enhanced oversight, updating manuals, and improving transparency and tracking of digital device examinations.
- section 4 Privacy Act
- subsection 6(1) Privacy Act
- paragraph 99(1)(a) Customs Act
This summary is informational only and not legal advice.