When a border agent demands access to your digital device

[Atrecord]

Alamak...

Just came across this. Hope when i go NZ in Dec, won't kanna bullied by these people...

 

Those who are not aware, better take note.

The problem is, the article doesn't really say what are the rights one has when really faced with such situations.

It's mentioned the devices can be:

- out of sight for minutes

- confiscated and returned after a few days

 

If go on a trip, they take your phone, then even if can get around, will sure disrupt plans and spoil the trip...

 

 

 

https://www.channelnewsasia.com/news/commentary/new-zealand-border-customs-digital-device-passwords-fine-10803570

Commentary: Know your rights when a border agent demands access to your digital device

Visitors entering New Zealand will have to disclose passwords for their electronic devices if they asked to by customs officials, or risk being slapped with a fine - but they should also be aware of their rights, says one observer.

 

ARIZONA: Imagine arriving in Australia or New Zealand after a long-haul flight, exhausted and red-eyed. 

You’ve just reclaimed your baggage after getting through immigration when you’re stopped by a customs officer who demands you hand over your smartphone and the password. Do you know your rights?

 

Both Australian and New Zealand customs officers are legally allowed to search not only your personal baggage, but also the contents of your smartphone, tablet or laptop. It doesn’t matter whether you are a citizen or visitor, or whether you’re crossing a border by air, land or sea.

New laws that came into effect in New Zealand on Oct 1 give border agents:

… the power to make a full search of a stored value instrument (including power to require a user of the instrument to provide access information and other information or assistance that is reasonable and necessary to allow a person to access the instrument).

Those who don’t comply could face prosecution and NZ$5,000 (US$3,220) in fines. Border agents have similar powers in Australia and elsewhere. 

Advertisement

In Canada, for example, hindering or obstructing a border guard could cost you up to C$50,000 (US$38,514) or five years in prison.

DEVICE INSPECTION A GROWING TREND

Australia and New Zealand don’t currently publish data on these kinds of searches, but there is a growing trend of device search and seizure at US borders.

There was a more than fivefold increase in the number of electronic device inspections between 2015 and 2016 – bringing the total number to 23,000 per year. In the first six months of 2017, the number of searches was already almost 15,000.

 

In some of these instances, people have been threatened with arrest if they didn’t hand over passwords. Others have been charged. In cases where they did comply, people have lost sight of their device for a short period, or devices were confiscated and returned days or weeks later.

On top of device searches, there is also canvassing of social media accounts. In 2016, the United States introduced an additional question on online visa application forms, asking people to divulge social media usernames.

As this form is usually filled out after the flights have been booked, travellers might feel they have no choice but to part with this information rather than risk being denied a visa, despite the question being optional.

SEARCHING SMARTPHONES AN INVASION OF PRIVACY

Border agents may have a legitimate reason to search an incoming passenger – for instance, if a passenger is suspected of carrying illicit goods, banned items, or agricultural products from abroad.

But searching a smartphone is different from searching luggage. Our smartphones carry our innermost thoughts, intimate pictures, sensitive workplace documents, and private messages.

The practice of searching electronic devices at borders could be compared to police having the right to intercept private communications. But in such cases in Australia, police require a warrant to conduct the intercept.

That means there is oversight, and a mechanism in place to guard against abuse. And the suspected crime must be proportionate to the action taken by law enforcement.

KNOW YOUR RIGHTS

If you’re stopped at a border and asked to hand over your devices and passwords, make sure you have educated yourself in advance about your rights in the country you’re entering.

Find out whether what you are being asked is optional or not. Just because someone in a uniform asks you to do something, it does not necessarily mean you have to comply.

 

If you’re not sure about your rights, ask to speak to a lawyer and don’t say anything that might incriminate you. Keep your cool and don’t argue with the customs officer.

You should also be smart about how you manage your data generally. You may wish to switch on two-factor authentication, which requires a password on top of your passcode. And store sensitive information in the cloud on a secure European server while you are travelling, accessing it only on a needs basis.

Data protection is taken more seriously in the European Union as a result of the recently enacted General Data Protection Regulation.

 

Microsoft, Apple and Google all indicate that handing over a password to one of their apps or devices is in breach of their services agreement, privacy management, and safety practices.

That doesn’t mean it’s wise to refuse to comply with border force officials, but it does raise questions about the position governments are putting travellers in when they ask for this kind of information.

Katina Michael is professor at School for the Future of Innovation in Society, and School of Computing, Informatics and Decision Systems Engineering in Arizona State University. This commentary first appeared on The Conversation.

 

 

 

 

[UncleAtas]

Nothing to be afraid leh unless you keep illegal things in your phone.

 

Or cater another phone for overseas usage.

[13177]

Nothing to be afraid leh unless you keep illegal things in your phone.

 

Or cater another phone for overseas usage.

If customs officers are legally allowed to search the content of our hp, then just let them check lo if you have nothing to hide.

[Jman888]

I dun think i will let them have my password to my phone, i can show them what they want to see.

[Flying_genie]

Border control officers are allowed to copy your device without you being in the room. That is the contention. If you choose not to co-operate, they can refuse you entry. Also, they are allowed to hold on to your device for up to 14 days.

I do have sensitive stuff in my phone, including banking information and passwords. I also have personal photographs. Sometimes, we do keep family pics. Say, if I have a photograph of my daughter in swimwear. Is it child porn or personal? Those officers don't know how to differentiate between family and illegal pics.

As we know, in many countries, the security agents manning the checkpoints are not the best educated or trained people around.
 

[13177]

Border control officers are allowed to copy your device without you being in the room. That is the contention. If you choose not to co-operate, they can refuse you entry. Also, they are allowed to hold on to your device for up to 14 days.

 

I do have sensitive stuff in my phone, including banking information and passwords. I also have personal photographs. Sometimes, we do keep family pics. Say, if I have a photograph of my daughter in swimwear. Is it child porn or personal? Those officers don't know how to differentiate between family and illegal pics.

 

As we know, in many countries, the security agents manning the checkpoints are not the best educated or trained people around.

 

Thats why must remember always to housekeep the things in your phone lo.

[Ysc3]

when I was returning from MEL to SIN after a one week trip a few years ago, I was stopped after immigration and was asked to enter a glass chamber. After I exited the glass chamber, the "whoever" there asked me if I am willing to go through their checks.

 

I was like WTF ... can I really say NO ???

 

so they used some cotton bud and brushed the buds over my clothes and bags - inside also - then put the buds into a machine to analyze right in front of me.

 

then after the result they told me to proceed to the departure area.

 

I am guessing this is still part of their immigration controlled area.

[13177]

when I was returning from MEL to SIN after a one week trip a few years ago, I was stopped after immigration and was asked to enter a glass chamber. After I exited the glass chamber, the "whoever" there asked me if I am willing to go through their checks.

 

I was like WTF ... can I really say NO ???

 

so they used some cotton bud and brushed the buds over my clothes and bags - inside also - then put the buds into a machine to analyze right in front of me.

 

then after the result they told me to proceed to the departure area.

 

I am guessing this is still part of their immigration controlled area.

What are they checking ah? Using cotton bud and brushed over your clothing and bags?    Sounds like some swab test?! 

[Beregond]

Ok la quite normal ma.

I think most ppl will be ok with it.

 

But imagine we doing the same thing at causeway to malaysia.

I dun know how many % ppl will accept

[Enye]

don’t kpkb...

 

better than naked squats ok

 

 

[Ysc3]

exactly what I am trying to say .... there are no RIGHTS to talk about at all ... their country, their law ... not willing to accept their "requests" then don't visit their country ... or even worse ... cannot leave !!

[Atrecord]

Border control officers are allowed to copy your device without you being in the room. That is the contention. If you choose not to co-operate, they can refuse you entry. Also, they are allowed to hold on to your device for up to 14 days.

 

I do have sensitive stuff in my phone, including banking information and passwords. I also have personal photographs. Sometimes, we do keep family pics. Say, if I have a photograph of my daughter in swimwear. Is it child porn or personal? Those officers don't know how to differentiate between family and illegal pics.

 

As we know, in many countries, the security agents manning the checkpoints are not the best educated or trained people around.

 

 

Even before they start asking for phone passwords and taking away phones, we have passports being torn, and also allegations of exceeding duty-free limits, etc. thanks to nearby countries' security agents. This could make it much worse...

[Jamesc]

Just be smart.

 

I have a lot of sensitive photos on my phone.

 

I have a folder full of sexy lesbian photos. I just change the name to MIL holiday photos.

 

I don't know why but border officers never bother to check this folder.

 

[Pocy]

Just be smart.

 

I have a lot of sensitive photos on my phone.

 

I have a folder full of sexy lesbian photos. I just change the name to MIL holiday photos.

 

I don't know why but border officers never bother to check this folder.

 

They knew MIL and understood ....... LOL

[Soya]

 

when I was returning from MEL to SIN after a one week trip a few years ago, I was stopped after immigration and was asked to enter a glass chamber. After I exited the glass chamber, the "whoever" there asked me if I am willing to go through their checks.

 

I was like WTF ... can I really say NO ???

 

so they used some cotton bud and brushed the buds over my clothes and bags - inside also - then put the buds into a machine to analyze right in front of me.

 

then after the result they told me to proceed to the departure area.

 

I am guessing this is still part of their immigration controlled area.

Think some of those immigration security fellas there outsourced to the lowest bidder contractor w corresponding lowest IQ lah

 

Last time i oso kena when i was wif my family and young children. Kena pulled aside for an 'explosive swipe' while a few single bearded men who looked more like Osama juz walked past without being stopped. Knn....nearly did a PCK and asked them to "use your blain"....

[Karoon]

I'm a bit worried about the pics and vids in watsapp groups which i didnt bother to open. If customs open it and its racy stuff, u turn.

[Karoon]

I'm a bit worried about the pics and vids in watsapp groups which i didnt bother to open. If customs open it and its racy stuff, u turn.

Edited October 11, 2018 by Karoon

[Jamesc]

 

Think some of those immigration security fellas there outsourced to the lowest bidder contractor w corresponding lowest IQ lah

 

Last time i oso kena when i was wif my family and young children. Kena pulled aside for an 'explosive swipe' while a few single bearded men who looked more like Osama juz walked past without being stopped. Knn....nearly did a PCK and asked them to "use your blain"....

 

I know what you mean. 

 

See their security training video.