Border prep

What the law and the agency’s own documents say here

• Terrorism Act 2000, Schedule 7, paragraph 2 applies to a person if he is at a port or in the border area, and the examining officer believes that the person’s presence at the port or in the area is connected with his entering or leaving Great Britain or Northern Ireland or his travelling by air within Great Britain or within Northern Ireland. Paragraph 2(3) says it also applies to a person on a ship or aircraft which has arrived at any place in Great Britain or Northern Ireland (whether from within or outside Great Britain or Northern Ireland). An examining officer may exercise his powers under paragraph 2 whether or not he has grounds for suspecting that a person falls within section 40(1)(b).

  Source: Terrorism Act 2000, Sch.7 para 2(2), (3) and (4) (legislation.gov.uk, checked 2026-10-02)

• A person who is questioned under paragraph 2 or 3 of Schedule 7 must give the examining officer any information in his possession which the officer requests.

  Source: Terrorism Act 2000, Sch.7 para 5(a) (legislation.gov.uk, checked 2026-09-08)

• The Schedule 7 Code of Practice says information requested by an examining officer under paragraph 5(a) may include passwords to electronic devices; the same paragraph says an examining officer may not, however, compel a person to disclose or confirm the identity of a source of journalistic information or disclose information subject to legal privilege.

  The second part is a rule for the examining officer. As quoted, it does not give the person a right to refuse any Schedule 7 duty.

  Source: Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), para 55 (assets.publishing.service.gov.uk, checked 2026-10-04)

• The Schedule 7 Code of Practice says the person must provide access to any electronic device to allow for a search to be undertaken, including where access to a device requires the person to unlock a device through application of their thumb or finger, or any other form of access control.

  Source: Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), para 61 (assets.publishing.service.gov.uk, checked 2026-09-08)

• A person commits an offence if he wilfully fails to comply with a duty imposed under or by virtue of Schedule 7, wilfully contravenes a prohibition imposed under or by virtue of that Schedule, or wilfully obstructs, or seeks to frustrate, a search or examination under or by virtue of that Schedule.

  Source: Terrorism Act 2000, Sch.7 para 18(1) (legislation.gov.uk, checked 2026-10-04)

• A person guilty of an offence under paragraph 18 of Schedule 7 is liable on summary conviction to imprisonment for a term not exceeding three months, a fine not exceeding level 4 on the standard scale, or both.

  Source: Terrorism Act 2000, Sch.7 para 18(2) (legislation.gov.uk, checked 2026-10-04)

What the vendor documentation says, before you travel

Each line quotes a vendor’s own documentation. None of it is a step to take or advice about what to do at a border. See preparing a phone before a border crossing for the fuller version.

• Apple’s Platform Security Guide says that for the Complete Protection class, shortly after the user locks a device the decrypted class key is discarded, rendering all data in this class inaccessible until the user enters the passcode again or unlocks the device using Optic ID, Face ID, or Touch ID.

  Source: Apple Platform Security Guide — "Data Protection classes", published 19 Dec 2024, Apple (support.apple.com, checked 2026-10-01)

• Android’s file-based encryption documentation says testers can verify that CE storage is locked before the device has been unlocked for the first time since boot.

  Source: Android Open Source Project, "File-based encryption" (source.android.com), as fetched 2026-10-01 (source.android.com, checked 2026-10-01)

• Apple states that if you enable Advanced Data Protection and then lose access to your account, Apple will not have the encryption keys to help you recover it.

  Source: Apple, "iCloud data security overview" (support.apple.com/en-gb/102651), as fetched 2026-10-01 (support.apple.com, checked 2026-10-01)

What the sources say happens afterward

• Schedule 7, paragraph 11: this applies to anything which is given to an examining officer in accordance with paragraph 5(d), is searched or found on a search under paragraph 8, or is examined under paragraph 9; an examining officer may detain the thing for the purpose of examination, for a period not exceeding seven days beginning with the day on which the detention commences; while he believes that it may be needed for use as evidence in criminal proceedings; or while he believes that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the Immigration Act 1971.

  Source: Terrorism Act 2000, Sch.7 para 11(1) and (2) (legislation.gov.uk, checked 2026-10-01)

• The Schedule 7 Code of Practice says an examining officer who is a constable may copy anything obtained under paragraph 5, searched or found on a search under paragraph 8, or anything examined under paragraph 9, and this includes making copies of electronic data.

  Source: Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), para 68 (assets.publishing.service.gov.uk, checked 2026-09-08)

What the law and the agency’s own documents say here

• Customs Act 1901 s.186(1) says any officer may, subject to subsections (2) and (3), examine any goods subject to customs control, and that the expense of the examination, including the cost of removal to the place of examination, shall be borne by the owner.

  Source: Customs Act 1901 (Cth), s.186(1) — general power to examine goods (Compilation No. 193, 19 Sep 2026) (legislation.gov.au, checked 2026-10-02)

• Customs Act 1901 s.186A(1) says that if a document is examined under section 186 or 186AA and, as a result of that examination, an officer of Customs is satisfied that the document or part of the document may contain information relevant to an importation or exportation, or a proposed importation or exportation, of prohibited goods, the commission or attempted commission of any other offence against that Act or of any offence against a prescribed Act, the performance of functions under section 17 of the Australian Security Intelligence Organisation Act 1979 or section 6 of the Intelligence Services Act 2001, or security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979), the officer of Customs may make a copy of, or take an extract from, the document, or arrange for another officer of Customs or other person having the necessary experience to make such a copy or take such an extract.

  Source: Customs Act 1901 (Cth), s.186A(1) — power to copy documents and data (Compilation No. 193, 19 Sep 2026) (legislation.gov.au, checked 2026-10-02)

• The ABF told a Senate committee that there is no legal compulsion for a traveller to provide a password/passcode or provide assistance to an electronic device at the border.

  Source: Senate Standing Committee on Legal and Constitutional Affairs, Additional Budget Estimates, ABF written answer AE22-050 (document headed 14 Feb 2022) — no legal compulsion (aph.gov.au, checked 2026-09-08)

• The ABF told the same committee that if an individual refuses to comply with a request or provide a password for an examination of their electronic device, and an ABF officer considers there to be a risk to the border, the ABF officer is authorised to seize that device for further examination prior to being returned.

  Source: Senate Standing Committee on Legal and Constitutional Affairs, Additional Budget Estimates, ABF written answer AE22-050 (document headed 14 Feb 2022) — consequence of refusal (aph.gov.au, checked 2026-09-08)

What the vendor documentation says, before you travel

Each line quotes a vendor’s own documentation. None of it is a step to take or advice about what to do at a border. See preparing a phone before a border crossing for the fuller version.

• Apple’s Platform Security Guide says that for the Complete Protection class, shortly after the user locks a device the decrypted class key is discarded, rendering all data in this class inaccessible until the user enters the passcode again or unlocks the device using Optic ID, Face ID, or Touch ID.

  Source: Apple Platform Security Guide — "Data Protection classes", published 19 Dec 2024, Apple (support.apple.com, checked 2026-10-01)

• Android’s file-based encryption documentation says testers can verify that CE storage is locked before the device has been unlocked for the first time since boot.

  Source: Android Open Source Project, "File-based encryption" (source.android.com), as fetched 2026-10-01 (source.android.com, checked 2026-10-01)

• Apple states that if you enable Advanced Data Protection and then lose access to your account, Apple will not have the encryption keys to help you recover it.

  Source: Apple, "iCloud data security overview" (support.apple.com/en-gb/102651), as fetched 2026-10-01 (support.apple.com, checked 2026-10-01)

What the sources say happens afterward

• The ABF told the same committee that current ABF policy is to retain electronic devices held for examination for no longer than 14 days, unless it is reasonable that the examination will take longer or content is located on the device that renders the device subject to seizure.

  Source: Senate Standing Committee on Legal and Constitutional Affairs, Additional Budget Estimates, ABF written answer AE22-050 (document headed 14 Feb 2022) — retention policy (aph.gov.au, checked 2026-09-08)

• The ABF told the same committee that it does not alter or delete any data as a result of an examination of a device under the Customs or Migration acts.

  Source: Senate Standing Committee on Legal and Constitutional Affairs, Additional Budget Estimates, ABF written answer AE22-050 (document headed 14 Feb 2022) — data not altered or deleted (aph.gov.au, checked 2026-09-08)

• The ABF told the same committee that copied data can only be shared depending on the type of information and the specific legislation that applies to that type of information, such as Part 6 of the Australian Border Force Act, Privacy Act or Migration Act.

  Source: Senate Standing Committee on Legal and Constitutional Affairs, Additional Budget Estimates, ABF written answer AE22-050 (document headed 14 Feb 2022) — sharing copied data (aph.gov.au, checked 2026-09-08)

What the law and the agency’s own documents say here

• CBP’s directive states that travelers are obligated to present electronic devices and the information contained therein in a condition that allows inspection of the device and its contents.

  Source: CBP Directive No. 3340-049B §5.3.1 (eff. 1 Jan 2026) (cbp.gov, checked 2026-09-08)

• CBP’s directive states that an officer may conduct a basic search of an electronic device with or without suspicion, subject to the requirements and limitations provided in the directive and applicable law.

  Source: CBP Directive No. 3340-049B §5.1.3 (eff. 1 Jan 2026) (cbp.gov, checked 2026-09-08)

• CBP’s directive states that an officer may perform an advanced search of an electronic device only in instances in which there is reasonable suspicion of activity in violation of the laws enforced or administered by CBP or, in the absence of individualized reasonable suspicion, when there is a national security concern, and that all advanced searches require supervisory approval at the Grade 14 level or higher (or a manager with comparable responsibilities). It also says that where the inspecting officer and approving supervisor rely on the presence of a national security concern, without reasonable suspicion, approval from the Director, Field Operations; Chief Patrol Agent; Director, Air Operations; Director, Marine Operations; Special Agent in Charge; or their delegate, is required prior to conducting the search, and that in compelling circumstances where operational considerations prevent prior approval, notification shall be made as soon as possible.

  Source: CBP Directive No. 3340-049B §5.1.4 (eff. 1 Jan 2026) (cbp.gov, checked 2026-10-06)

• CBP’s directive says that use of external equipment merely to make the contents of the device available for inspection (including, for example, to bypass a password, overcome encryption, translate content, view files contained in an external drive or other electronic device lacking a screen, or charge a device) does not constitute an advanced search.

  Source: CBP Directive No. 3340-049B §§3.3–3.4 (eff. 1 Jan 2026) (cbp.gov, checked 2026-10-02)

• CBP’s directive states that passcodes or other means of access obtained during a border inspection will only be utilized to facilitate the inspection of devices and information subject to border search, and may not be utilized to access information that is only stored remotely.

  Source: CBP Directive No. 3340-049B §5.3.2 (eff. 1 Jan 2026) (cbp.gov, checked 2026-09-08)

What the vendor documentation says, before you travel

Each line quotes a vendor’s own documentation. None of it is a step to take or advice about what to do at a border. See preparing a phone before a border crossing for the fuller version.

• Apple’s Platform Security Guide says that for the Complete Protection class, shortly after the user locks a device the decrypted class key is discarded, rendering all data in this class inaccessible until the user enters the passcode again or unlocks the device using Optic ID, Face ID, or Touch ID.

  Source: Apple Platform Security Guide — "Data Protection classes", published 19 Dec 2024, Apple (support.apple.com, checked 2026-10-01)

• Android’s file-based encryption documentation says testers can verify that CE storage is locked before the device has been unlocked for the first time since boot.

  Source: Android Open Source Project, "File-based encryption" (source.android.com), as fetched 2026-10-01 (source.android.com, checked 2026-10-01)

• Apple states that if you enable Advanced Data Protection and then lose access to your account, Apple will not have the encryption keys to help you recover it.

  Source: Apple, "iCloud data security overview" (support.apple.com/en-gb/102651), as fetched 2026-10-01 (support.apple.com, checked 2026-10-01)

What the sources say happens afterward

• CBP’s directive states that if an officer is unable to complete an inspection of an electronic device because it is protected by a passcode or encryption, the officer may, in accordance with section 5.4, detain the device pending a determination as to its admissibility, exclusion, or other disposition.

  Source: CBP Directive No. 3340-049B §5.3.3 (eff. 1 Jan 2026) (cbp.gov, checked 2026-09-08)

• CBP’s directive states that following the completion of the border search, CBP will retain no copies of the information beyond twenty-one (21) calendar days following the conclusion of the border search unless retention is permissible or required consistent with sections 5.6.1, 5.6.2, or 5.6.3. Section 5.6.2 says that, without probable cause, CBP may retain only information from the border search of an electronic device relating to immigration, customs, and other enforcement matters if such retention is consistent with the applicable system of records notice and subject to the requirements and limitations provided in the directive and applicable law.

  Source: CBP Directive No. 3340-049B §§5.6.1, 5.6.2, 5.6.4 (eff. 1 Jan 2026) (cbp.gov, checked 2026-10-02)