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Canadians should worry about U.S. border searches of phones, privacy czar says

OTTAWA 鈥 Canadians should be 鈥渧ery concerned鈥 about their cellphones, computers and other electronic devices being searched by U.S. border agents, the federal privacy czar says.

OTTAWA 鈥 Canadians should be 鈥渧ery concerned鈥 about their cellphones, computers and other electronic devices being searched by U.S. border agents, the federal privacy czar says.

Privacy commissioner Daniel Therrien told a House of Commons committee Monday that U.S. Customs and Border Protection officers can look at mobile devices and even demand passwords under American law.

Therrien cited statistics indicating U.S. border searches of cellphones had increased between 2015 and 2016.

鈥淭hese devices contain a lot of sensitive information,鈥 Therrien said. 鈥淲e should be very concerned.鈥

New Democrat MP Nathan Cullen asked if that means no Canadian should cross the border with a phone, laptop or tablet unless they have 鈥済reat comfort鈥 with a U.S. border official inspecting the contents.

鈥淵es, as a matter of law,鈥 Therrien said, though he acknowledged officers would not have time to inspect everyone鈥檚 devices, given the huge numbers of people that cross the border daily.

Therrien agreed with Cullen鈥檚 suggestion that nothing in law could prevent U.S. border officials from peeking at a senior Canadian official鈥檚 鈥減laybook鈥 on a trade negotiation.

Cullen said one of his constituents was denied entry to the U.S. on health-related grounds because information on the person鈥檚 phone indicated a prescription for heart medication.

鈥淎nd I thought: 鈥榃ell, this is a strange invasion of one鈥檚, privacy.鈥櫬犫

Therrien said Canadians should assess the 鈥渞isk tolerance鈥 they have to their information being examined by U.S. officers.

鈥淢y point is, think about what you鈥檙e exposing your information to, and limit the amount of information that you bring to the U.S., because it may be required by customs officers.鈥

Canadian law also allows border officers to inspect cellphones, since they are treated as goods, Therrien told the Commons committee on access to information, privacy and ethics.

But he said sa国际传媒鈥檚 border agency has a policy of limiting searches to cases where an officer has grounds to do so 鈥 for instance, because a phone might contain information about contraband items.

Therrien said his office had received a 鈥渟mall number of complaints鈥 about Canadian border officers searching cellphones.

Last spring, Therrien expressed concern about U.S. plans to demand cellphone and social-media passwords from foreign visitors.

In a letter to the House of Commons public safety committee, he warned that recent pronouncements from the Trump administration could mean intrusive searches 鈥 even at preclearance facilities in sa国际传媒.

In February, John Kelly, then U.S. homeland security secretary, suggested at a hearing that American officials could ask people entering the U.S. about the internet sites they visit as well as passwords to help assess their online activities.

Kelly is now chief of staff for U.S. President Donald Trump.