On July 14, 2022, the Office of the Privacy Commissioner of Canada (OPC) provided its submission in response to a consultation launched by the Canada Border Services Agency (CBSA) on proposed Regulations for the Examination of Documents Stored on Personal Digital Devices (the Regulations).
The Regulations relate to Bill S-7, An Act to amend the Customs Act and the Preclearance Act, 2016, which strengthens safeguards around the examination of personal digital devices by CBSA officers and other border officials. The Regulations are meant to come into force as soon as possible following Royal Assent of Bill S-7 and would prescribe legally-binding controls for CBSA officers’ examination of personal digital devices. The CBSA opened the Regulations for public consultation in early April, with submissions due by July 15, 2022.
In its submission, the OPC notes that the Regulations, as currently drafted, address some of its concerns for border officers examining personal devices, such as (i) specifying the types of information that must be recorded by examining officers; and (ii) requiring officers to take “necessary steps” to ensure only documents stored on the device are accessible during examination. The OPC recommends that the Regulations be further enhanced to build on these elements and add other features that are not addressed in the current proposal, including the following:
Summary By: Imtiaz Karamat
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