CBSA release of statistics on the examination of digital devices
In December 2019, the Privacy Commissioner released a report regarding their investigation on the Examination of Travellers’ Digital Devices at the Border. The CBSA has already addressed six of the policy recommendations and is enacting a number of actions to ensure strong border protection and respect for travellers’ privacy. The CBSA is also looking closely at the OPC’s recommendations on legislative amendments, to determine how best to proceed.
The CBSA acknowledges the OPC’s findings that there were two breaches of the Privacy Act; in light of initial privacy complaints, prior to the OPC investigation, the CBSA completed a review of its policy with the goal of further strengthening it. The CBSA consulted the OPC as part of the review process.
The CBSA has successfully defended its authority to examine digital devices in more than 15 court cases. Courts have consistently determined that digital devices are goods and therefore CBSA’s authority to examine goods extends to digital devices. Several courts have ruled that reasonable examinations of digital devices do not breach a traveller’s section 8 Charter rights.
Canada Border Services Agency
Report a problem or mistake on this page
- Date modified: