BC Freedom of Information and Privacy Association
Your Data Your Rights
When a cellphone or computer contains sensitive government documents, it can be a significant concern, even at the municipal level, if that device is carried across the border into the United States — particularly in light of the broad authority given to U.S. border officers to inspect electronic devices.
On Thursday, Jun. 6, 2025, a report authored by Dave Nicholson and Ellen Hamel of Financial & IT Services for the Town of Greater Napanee was released ahead of the coming June 11 meeting of Council. Their report recommends the implementation of a cross-border cellphone policy that would prohibit Town-owned devices that store Town data from crossing the U.S. border. The draft policy is included in the report.
The provincial government’s Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) mandates that municipalities protect personal and sensitive information under their custody and control. This responsibility extends to situations where electronic devices containing such information are taken across the border.
The staff report states, “The US Cross Border Cell Phone Policy aligns with MFIPPA by implementing measures to safeguard data during cross-border travel… By adopting this policy, the Town of Greater Napanee demonstrates its commitment to protecting privacy and complying with MFIPPA requirements.”
The report notes that “the evolving procedures at U.S. borders have introduced considerations regarding the privacy and security of electronic devices carried by travellers.”
U.S. Customs and Border Protection (CBP) officers have the legal authority to inspect electronic devices without a warrant. They can access and review the contents of phones, laptops, and other file storage to enforce laws and protect border security. Locking the device, putting it in airplane mode, and turning off facial recognition may not even be enough because CBP officials have software to copy the data from the device.
As such, the Canadian government has updated its travel advice to remind Canadians of U.S. border officers’ significant discretion when deciding who enters their country, including the power to inspect phones and laptops. The report notes that the updated advice emphasizes the need for travellers to expect device inspections and be prepared for additional questions.
Using a temporary phone, encrypting data, and minimizing the amount of sensitive information stored on devices can help protect privacy during cross-border travel. Staff recommends that the U.S. Cross-Border Cell Phone Policy prohibit Town-owned devices that store Town data from crossing the U.S. border to “safeguard sensitive municipal data, reduce legal and reputational risks, and ensure compliance with privacy and security standards.”
This policy applies to all employees and members of the Council of the Town of Greater Napanee who travel to the U.S. for any reason.
In the report, IT staff propose that the Town engage in a loan program by which Council members or Town employees travelling to the U.S. must trade their Town phone for a temporary phone that will hold their SIM card. The report also recommends that Council and employees reduce the amount of sensitive information stored on their devices before travelling.
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