Airport Security: Can They Access Your Phone?

There have been numerous reports of airport security searching travellers' phones, laptops, and other electronic devices. In the US, the Transportation Security Administration (TSA) and Customs and Border Protection (CBP) have been known to conduct these searches. Meanwhile, in Canada, the Canada Border Services Agency (CBSA) performs similar checks. While the TSA claims that it does not search electronic devices, civil liberties groups have raised concerns about the increasing invasiveness of these searches, which are usually carried out without warrants or reasonable suspicion.

Border agents can demand your phone password without probable cause

If you are a US citizen, you cannot be denied entry into the country for refusing to unlock your phone, but you may be detained for a long period of time, and your phone may be confiscated. If you are not a US citizen, border agents can deny you entry if you refuse to unlock your phone.

If you do decide to unlock your phone, it is recommended that you enter the password yourself, rather than giving it to the agent, to prevent your password from being stored in a government database.

If you do not want to unlock your phone, you can inform the agent that you have confidential, privileged information on your device. However, they may still search your phone. You can also request a lawyer, but you will have to pay for their services yourself, and this will likely lead to a longer wait at the border.

To prepare for the possibility of a border agent searching your phone, you can take a few precautions. Firstly, travel with as little data on your phone as possible, and consider using a travel-only phone that doesn't contain any sensitive information. You can also encrypt your phone with strong and unique passwords and ensure it is turned off when crossing the border.

They can copy your phone's data for later perusal

In some states, border agents need to have a reasonable suspicion of criminal activity to conduct a full forensic search of your phone. However, they can quickly flip through your photos, messages, and other data without any suspicion. While they can't keep your data for very long, they can copy it for later perusal. If the data is not related to a legal investigation, they are required to delete it.

US Customs and Border Protection (CBP) officers can seize and search your phone without a warrant and even make a copy of it for forensic experts to analyse. They can demand your password to open your phone without probable cause, but you can refuse to do so. If you refuse, your device could be seized or detained, and your travel delayed or even denied if you are not a US citizen.

The CBP directive sets new limits on agents, establishing criteria for when they can conduct extensive searches, such as downloading documents stored in the cloud or uploading files to a storage drive for analysis. Officers are supposed to ask travellers to shut off their signal to ensure remote files are not downloaded accidentally.

Advanced searches, which require connecting to external equipment, need reasonable suspicion of illegal activity or a national security concern. Officers may judge it necessary for national security purposes to copy a phone's contents for analysis, but this requires the approval of a supervisor of a certain rank.

If you are a US citizen or legal permanent resident, they have to let you back into the country eventually. If you are not a citizen, they can refuse your entry.

They can deny you entry if you don't unlock your phone

While the Transportation Security Administration (TSA) is unlikely to be interested in your phone, the US Customs and Border Protection (CBP) is a different story. The CBP is responsible for "safeguard[ing] America's borders, thereby protecting the public from dangerous people and materials while enhancing the Nation's global economic competitiveness by enabling legitimate trade and travel." As such, they have a vested interest in searching travellers' phones.

CBP officers are within their rights to search your phone, even if you are a US citizen. They can search your phone, copy the data for later perusal, and even detain your phone for up to five days (although this duration can be extended). They cannot, however, keep the data for an extended period and must delete it if it is not related to a legal investigation.

If you are a US citizen, you cannot be denied entry for refusing to unlock your phone. However, you may be detained, and your phone may be confiscated for further inspection. If you are not a US citizen, the CBP can deny you entry if you do not unlock your phone. This was the case for a Canadian reporter in 2016, who was denied entry when he refused to unlock his phone to protect confidential sources.

If you are concerned about privacy, you can take steps to protect your data. These include:

• Travelling with minimal data on your phone
• Using a burner phone
• Backing up and wiping your phone before you travel
• Encrypting your device
• Turning your devices off before going through customs

They can detain your phone for up to five days

While it's rare for airport security to search your phone, it's within their rights to do so. Customs and Border Protection (CBP) officers are allowed to search your phone, and they don't need a warrant to do so. This applies to both US citizens and visitors to the country. If you refuse to unlock your phone, they can make your life difficult. They could detain you, take your phone, and try to unlock it themselves. They may also make a copy of your phone's contents to peruse later.

If you're a US citizen, they have to let you back into the country eventually. However, if you're not a citizen, they can refuse your entry. If you're a citizen or a legal permanent resident, you have the right to an attorney, but you'll have to pay for their services yourself.

CBP can detain your phone for up to five days, and they can apply for extensions of up to one week. According to CBP policy, they will destroy any copied information that doesn't turn up probable cause for seizing it. They can also send your phone for a full forensic examination, which could uncover things you've deleted or didn't know were on your phone.

If you're concerned about your privacy, there are a few things you can do. First, only travel with the data you need. You could use a burner phone or laptop for travelling, or back up and wipe your phone before your trip. You can also fully encrypt your device, making any copies less useful. Keep in mind that taking these precautions may raise the suspicions of border agents.

You can refuse to unlock your phone, but it may inconvenience you

While it is within your rights to refuse to unlock your phone at the border, it's important to be aware of the potential consequences. If you are a US citizen or a legal permanent resident, border agents cannot deny your entry into the country, but they can detain you. For non-citizens, refusing to unlock your phone may result in being refused entry into the US.

If you refuse to unlock your device, border agents have various options to try to gain access. They can detain you and attempt to unlock your phone on-site, or they may send your device to experts for unlocking. They may also make a copy of your device to examine later, claiming that they will destroy the copy if it is not relevant to law enforcement purposes.

If you are concerned about protecting your personal information, there are a few recommended strategies. Firstly, consider travelling with only the data you need. This may involve using burner phones or laptops, or simply leaving your electronic devices at home. Secondly, use encryption services to protect your data, and always choose strong and unique passwords. Finally, turning off your devices before going through customs can provide an extra layer of protection.

Understanding your rights

It's important to understand your rights when it comes to border searches. While the Fourth Amendment protects against unreasonable searches and seizures, and the Fifth Amendment protects against self-incrimination, these rights do not fully extend to the US border. The border is considered outside of US jurisdiction, and border agents have broad authority to search citizens and visitors. However, they are required to have a reasonable suspicion of criminal activity before conducting a full forensic search of electronic devices.

In summary, while refusing to unlock your phone at the border is an option, it may lead to various inconveniences and potential denial of entry for non-citizens. It is essential to weigh the risks and make an informed decision based on your specific circumstances.

Frequently asked questions