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CCCA_V2No4_Dept-CrossBdr-FIN.qxd:CCCA_V1No2_Dept-CrossBdr-V1.qxd 11/24/08 2:39 PM Page 14 Cross Border “ and after 20 to 30 minutes, he Everything has changed them in a positive manner.” was allowed to leave. We have since 9/11 when it comes to Although a laptop or digital no idea what happened to that device may or may not be information and the client def- crossing the border. Fear searched when crossing the bor- initely had information that trumps individual rights. der, Kardash suggests that shouldn’t have been seen.” ” “given the risks and the increas- As managers of risk, corpo- ing array of business and com- rate counsel “at the minimum pliance requirements to protect have to sensitize employees to this issue and However, if someone does need to travel information,it’s becoming more and more implement a policy that makes sense for the with his or her personal computer,there are important for organizations to implement organization,” says Kardash. Some compa- certain steps that can be taken to protect the a robust security governance structure. nies have prohibited employees from travel- information. First and foremost,Ackah rec- Travelling is only a very small part of a ling with a laptop containing customers’ ommends that Internet caches and cookies very huge threat that all organizations are personal information or trade secrets, be flushed. She also says that reducing the dealing with.” Kardash says.“So,if you’re concerned about types of files in a computer that would pop Richard Austin, chief legal advisor at IT the issue, travel with a clean laptop and up when it is scanned, such as photos or firm EDS Canada Inc. in Toronto, agrees. work remotely via a virtual private net- videos, would speed up the process. Although no one at his team — the whol- work” when you arrive at the destination, And if border agents insist on searching ly owned subsidiary of the Plano, Tex.- he suggests. a computer containing privileged or con- based EDS Corp. — has yet raised the Furthermore,with all executives and key fidential information, it’s best to “be co- issue of having their digital devices employees carrying a BlackBerry these operative and ask the border agent, in a searched at the border, he does pay atten- days, it’s also vital that crucial information respectful manner, for a receipt and his or tion to these things. and documents on these hybrid cell her badge number.Also, clearly advise the “From my perspective,it’s not an issue of phones/micro computers are also protect- officer in question that the machine con- border security, but of protecting the con- ed from border searches. “Have the tains documents that are privileged and fidentiality of information overall,” he says. BlackBerry flushed by the IT department confidential in nature,” Kardash says. “It’s far more likely that a laptop could get before heading on the trip,” Ackah sug- Still, being respectful doesn’t mean being stolen or information misplaced than hav- gests. “Then, when you get over the bor- complacent, says Ackah: “Ask the border ing it examined by border personnel.” der, ensure that the IT department allows agents what they’re looking for,what they’re you to have access to the things you need.” doing, and keep the laptop in view. Engage Pablo Fuchs is a business writer inToronto. 10343-STG-CCCA3 3/28/07 9:17 AM Page 1 [ Across the street, down the block or Canada wide — our commercial team is ready for you. ] For over 100 years, legal professionals have trusted Stewart Title to provide title insurance for their commercial real estate transactions. Some of the world’s best hotels, golf courses, resorts, office towers and business centres are insured by Stewart Title. Our global reach and financial strength, combined with the expertise of our Commercial Team, enable us to handle the most complex transactions. We can facilitate specialized commercial endorsements for almost any situation. Our title insurance services provide efficient closings and fast turnaround times. With Stewart Title you can close real estate transactions with security and peace of mind. Visit www.stewart.ca to view some of our recent transactions, or call us for a quotation on your next transaction to see us in action. 1.888.667.5151 14 CCCA Canadian Corporate Counsel Association WINTER 2008 CCCA64_014.indd 1 11/26/2008 05:37:40 PM