S 823 Protecting Data at the Border Act

About S.823

Protecting Data at the Border Act This bill prohibits a governmental entity from:

• (1) accessing the digital contents of electronic equipment belonging to, or in the possession of, a U.S. person (person) at the border without a valid warrant; or
• (2) denying a person's U.S. entry or exit based on the person's refusal to disclose an access credential or in order to determine whether such person will consensually provide an access credential, access, or online account information

A border officer may access the digital contents of electronic equipment without a warrant if the officer determines that an emergency situation exists. The officer must subsequently apply for a warrant within seven days, and if such warrant is not granted:

• (1) digital content copies must be destroyed,
• (2) digital contents or information may not be disclosed, and
• (3) the person shall be notified of such destruction

A governmental entity may not make or retain a copy of the digital contents of electronic equipment, an online account, or online account information without probable cause to believe that such information contains evidence of, or constitutes the fruits of, a crime. Unlawfully accessed information:

• (1) must be destroyed and the person notified of its destruction;
• (2) may not be disclosed; and
• (3) may not be received in evidence in any trial, hearing, or other proceeding

A governmental entity shall keep a record of each instance in which it obtains access to an individual's digital information. A governmental entity may not seize electronic equipment belonging to, or in the possession of, a person at the border without probable cause to believe that such equipment contains information relevant to a felony.