Page 21 - CCCA 239285 Magazine_Fall 2015

{ Feature }

ow many in-house counsel do you know who travel
H internationally without (1) a laptop and (2) a smartphone?
Chances are the answer is none. Very few lawyers can cut off access to clients and
colleagues by leaving their electronic devices at the offce, especially when travelling
for business or vacation.

In addition to current work fles, many of you also have months or years of emails
and highly confdential documents (including drafts) saved on your computer and
smartphone. There may also be internal emails about sensitive topics, and maybe
even an email from a stakeholder asking whether a questionable action (already
undertaken) is “legal.” You may also have portal access to your organization’s servers
and fles on your computer.

now what would happen if you were randomly (or specifcally) selected for a secondary
inspection and the Canada Border Services agency (CBSa) accessed your laptop,
smartphone, Pda, uSB keys, etc.? What if it were the united States department of
Homeland Security or another foreign customs authority? The customs offcer may not
accept your claim of solicitor-client privilege and may seize your electronic devices if
you did not provide them with the passwords.

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