Consumer Bankruptcy Journal Spring 2018 | Page 33

TECHNOLOGY TAKES A VACATION
Won’t Get Fooled Again
While it is doubtful that any of any
NACBA member has the kind of
sensitive data on our devices that
Customs is interested in, I don’t like
the idea of a search or seizure at
the whim of a Customs officer at the
border without a warrant. (There’s
something in the Constitution about
that, isn’t there?)
Luckily, the Directive was revised to
cover Attorney-Client privilege. If
you assert Attorney-Client privilege,
the matter gets escalated from the
Border Agent to the Customs Border
Patrol Associate/Assistant Chief
Counsel’s office. In addition, other
privileged material such as medical
reports,
business
confidential
information protected by trade
secrets, the Privacy Act, other laws
or internal Customs Border Patrol
policies have to be handled in a
way to avoid disclosure to any third
party.
The Song is Over
What steps should you take to
avoid having your device detained?
First, you can leave it at home. It is
a vacation after all. Not an option?
Then leave only so much data on
the device that you are comfortable
in losing. If you have a complete
backup of the data at home, you can
buy a new device and restore the
data once you return. (See CBJ,
Spring 2017, pg 10.) Third, bring
an old functional device on your trip
that you no longer use daily. Heck,
your laptop could be stolen while
on vacation or you could leave your
phone on that bus that you took to
the beach. Finally, you can claim
privilege, but be prepared to present
a full log of all the information that
you claim privilege on just as you
would present in responding to a
discovery request.
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National Association of Consumer Bankruptcy Attorneys

Spring 2018
CONSUMER BANKRUPTCY JOURNAL
33