CBSA released these statistics as a part of its commitment to complying with recommendations from the Office of the Privacy Commissioner of Canada, which had, in its latest annual report, summarized the results of its investigation in response to complaints filed against the agency.

The OPC investigation had found multiple breaches of the Customs Act, as well as CBSA’s own internal policy. In a number of cases, the devices were not switched to airplane mode as required by agency policy. In one instance, the officer accessed a person’s online banking information, contrary to the agency’s policy of only accessing data already stored in the device. In one case, the officer took photographs of a person’s cellphone, supposedly as criminal evidence, in violation of the Criminal Code and the Customs Act.

CBSA acknowledged the OPC’s findings of two breaches of the Privacy Act. CBSA said that while it recognized the importance of protecting privacy, “its resultant rate demonstrates that information on digital devices can be key for the Agency to fulfill its mission to ensure the security and prosperity of Canada by managing the access of people and goods into Canada.”

In December 2019, CBSA implemented an improved policy and training program in relation to digital device examinations, as well as published information to guide travellers crossing the border. For instance, if a document sought to be inspected is marked as protected by solicitor-client privilege, it can be set aside for later determination by the court as to its contents.

“The CBSA has already addressed six of the policy recommendations and is enacting a number of actions to ensure strong border protection and respect for travellers’ privacy,” states the news release.