Info Security Considerations at CBP Checkpoints

Seyfarth Shaw has published a note highlighting the corporate security implications of the increased inspection of electronic devices by US Customs. 

U.S. Customs and Border Protection (CBP) has broad authority to inspect travelers and their belongings—including electronic devices—at the border. Phones, laptops, and tablets may be manually searched or subject to “advanced searches” involving data copying and analysis. These searches, though still rare, are increasing and may result in device detention, especially for foreign nationals or individuals flagged in enforcement databases.

CBP requires travelers to unlock devices if requested. U.S. citizens cannot be denied reentry for refusal, but devices may be seized. Foreign nationals may be refused entry. Companies are advised to adopt data security policies for international travel, including using clean or encrypted devices and notifying legal counsel if a search occurs. CBP asserts it protects business-confidential data, but inspections pose risk.

Travelers should understand their rights and plan accordingly. Legal guidance is recommended for individuals carrying sensitive or privileged data.

Border Search of Electronic Devices at Ports of Entry: https://www.cbp.gov/travel/cbp-search-authority/border-search-electronic-devices