Border fears lead Canadian firms to advise burner phones, clean computers, travel bans

A sign marking the international border between the United States and Canada at Peace Arch Historical State Park in Blaine, Washington. Photo by JASON REDMOND/AFP via Getty Images files

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Amid reports of travellers having their electronic devices searched at the United States border, along with a government travel advisory, many Canadian companies are looking for ways to protect their employees and their sensitive information.

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“I am getting asked by some of my corporate clients about how to help prepare their workers if they’re going into the U.S. for meetings or for work,” said Evelyn Ackah, founder and managing lawyer at Calgary-based Ackah Business Immigration Law.

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While some companies are asking employees to avoid travel to the U.S. altogether, others are advising caution. And some are suggesting precautionary measures, such as carrying burner phones and clean laptops in order to protect confidential information.

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Border officials in both countries have always had the right to check travellers’ electronics if they suspect criminality, but recent developments have made this a greater concern for border crossers, Ackah said.

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A French scientist was denied entry to the U.S. after immigration officers searched his phone and found messages in which he had expressed criticism of the Trump administration, the French government said in March.

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And news of Canadian entrepreneur Jasmine Mooney being detained by U.S. immigration authorities at the Mexican border for 12 days after trying to get her work visa renewed has fuelled anxiety for travellers.

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In early April, the Canadian government updated its travel advisory for the U.S. on its website, advising travellers to “expect scrutiny at ports of entry, including of electronic devices,” and “comply and be forthcoming in all interactions with border authorities.”

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“It doesn’t surprise me that (businesses have) concerns about their employees travelling,” Ackah said.

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Companies may be concerned not only about their employees, but also confidential business information.

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“There’s a risk that you’re going to have sensitive emails, documents or anything related to client data or personal data reviewed, copied or kept,” said Brian Dingle, partner and business immigration expert at Borden Ladner Gervais LLP in Toronto. “If you’re concerned about proprietary or privileged communications, (you) do have to be very careful about having folks travel.”

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Several organizations have recently told employees to try and avoid work travel to the U.S. or carry devices to protect confidential information.

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The Children’s Hospital of Eastern Ontario also asked staff to avoid travel to the U.S. and advised employees who must to carry burner phones, among other recommendations to protect patient information.

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The University of Waterloo and University of Montreal have both issued travel advisories as well. The University of Montreal reminded staff to exercise caution, advising them to ensure devices do not include files with sensitive information and immediately change their passwords (if they must be provided to customs) afterwards.