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Crossing the border with electronic devices

The following are resources that may be helpful in answering your enquiry. Please familiarize yourself with them before moving on.

In brief: If your electronic device is searched at a border crossing, a client’s information may be compromised, engaging issues with privilege and confidentiality. The resources below provide guidance what your need to know about travelling internationally with your electronic devices.

 

Key Resources

External Resource - The Federation of Law Societies of Canada set out considerations and recommendations for legal professionals when crossing the border in their article Crossing the Border with Electronic Devices: What Canadian Legal Professionals Should Know.

Rules - Records stored or processed outside of a lawyer’s office: Law Society Rule 10-3.

Rules - Security of records: Law Society Rule 10-4.

Code - Confidential information: BC Code rule 3.3-1.

Code - Use of confidential information: BC Code rule 3.3-2.

Code - Lawyers’ obligation to claim privilege when faced with requirement to surrender document: BC Code rule 3.3-2.1.

Code - Lawyer due diligence for non-lawyer staff: BC Code rule 3.4-23.

More guidance on crossing the border with electronic devices can be found in Practice Advisor Frequently Asked Questions.

Next Steps

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