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Border Agents Fail To Delete Personal Data of Travelers After Electronic Searches, Watchdog Says

Wednesday December 12, 2018. 12:40 AM , from Slashdot
The Department of Homeland Security's internal watchdog, known as the Office of the Inspector General (OIG) found that the majority of U.S. Customs and Border Protection (CBP) agents fail to delete the personal data they collect from travelers' devices. Last year alone, border agents searched through the electronic devices of more than 29,000 travelers coming into the country. 'CBP officers sometimes upload personal data from those devices to Homeland Security servers by first transferring that data onto USB drives -- drives that are supposed to be deleted after every use,' Gizmodo reports. From the report: Customs officials can conduct two kinds of electronic device searches at the border for anyone entering the country. The first is called a 'basic' or 'manual' search and involves the officer visually going through your phone, your computer or your tablet without transferring any data. The second is called an 'advanced search' and allows the officer to transfer data from your device to DHS servers for inspection by running that data through its own software. Both searches are legal and don't require a warrant or even probable cause -- at least they don't according to DHS. It's that second kind of search, the 'advanced' kind, where CBP has really been messing up and regularly leaving the personal data of travelers on USB drives.

According to the new report [PDF]: '[The Office of the Inspector General] physically inspected thumb drives at five ports of entry. At three of the five ports, we found thumb drives that contained information copied from past advanced searches, meaning the information had not been deleted after the searches were completed. Based on our physical inspection, as well as the lack of a written policy, it appears [Office of Field Operations] has not universally implemented the requirement to delete copied information, increasing the risk of unauthorized disclosure of travelers' data should thumb drives be lost or stolen.' The report also found that Customs officers 'regularly failed to disconnect devices from the internet, potentially tainting any findings stored locally on the device.' It also found that the officers had 'inadequate supervision' to make sure they were following the rules. There's also a number of concerning redactions. For example, everything from what happens during an advanced search after someone crosses the border to the reason officials are allowed to conduct an advanced search at all has been redacted.

Read more of this story at Slashdot.
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