Protecting Data at the Border Act 2021-10-07 Introduced in Senate Protecting Data at the Border Act

This bill limits government access to digital information at the border.

A governmental entity may not (1) access the digital contents of electronic equipment of a U.S. person at the border without a warrant, (2) deny such a person's entry into or exit from the United States because the person refused to provide access to digital content on electronic equipment or online account information, (3) delay such a person's entry or exit for more than four hours to determine whether the person will consent to providing access to online information, or (4) seize electronic equipment from a U.S. person without probable cause to believe that such equipment contains information relevant to a felony.

A governmental entity may access the contents of electronic equipment of a U.S. person without a warrant in an emergency. The entity must subsequently apply for a warrant within seven days, and if a warrant is not granted, the seized information must be destroyed and may not be disclosed.

A governmental entity may not make or retain a copy of information accessed under this bill without probable cause to believe that such information relates to a crime.

Information seized in violation of this bill (1) must be destroyed, (2) may not be disclosed, and (3) may not be received in evidence in any trial or government proceeding.

A governmental entity shall keep a record of each instance in which it obtains access to an individual's digital information at the border.

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