For Immediate Release
3 September 2009
Alexandria, VA --
Alexandria, Va (1 September 2009) The Association of Corporate Travel Executives (ACTE) pronounced the most current privacy impact assessment (regarding the Customs and Border Protection and ICE searches of electronic devices at the nation’s borders) as a major victory for international travelers seeking more transparency in US border security procedures. According to a statement issued today by ACTE’s Executive Director Susan Gurley, the new guidelines represent a radical departure from Department of Homeland Security/CBP processes under the former administration.
“This new privacy impact assessment issued by the DHS is a significant step in the ongoing dialogue to reach a balance between traveler privacy and national security,” said Gurley. “Three years ago -- when ACTE first brought this situation to the attention of the business travel industry -- the Department of Homeland Security and Customs Border Protection would barely acknowledge there was a procedure for searching electronic devices at US borders. The fact this document has seen the light of day in the first place is a substantial victory for the traveling public. This is evidence that the Obama administration is open to reasonable dialogue and is listening to us on the issue of transparency in security and privacy.”
Though the DHS may regard the privacy impact assessment as final, Gurley believes it will be the subject of future legislative action as it offers some change, but leaves many areas open for improvement. The number of searched and seized laptops is an infinitesimally small percentage of the 212 million people (1000 according to DHS figures) who crossed the border in the last year, but the process is been proven to be highly sensitive topic for travelers whose personal and financial data is stored on these computers. Likewise, the handling of proprietary information generated and carried by corporate travelers is of primary concern to their companies.
Areas in which the privacy impact assessment has improved comprise the acknowledgement by the Department of Homeland Security that certain files (i.e. business data, medical records, and journalists’ notes) require special handling, and the listing of time restrictions regarding how long a device may be kept before being returned to the owner or how long information may be stored before being destroyed. Points that still need to be addressed include the extensive discretionary authority given to CBP inspectors, vague circumstantial interpretations that can extend the seizure period almost indefinitely, and the fact that there need be no hint of suspicion to prompt a search.
“It has taken three long years to get to this point,” said Gurley. “There was virtually no dialogue and very little cooperation on the part of the government to even discuss these matters under the previous administration. Under President Obama’s new commitment to transparency and dialogue, there is a very good chance that travelers will get the assurances they seek.”
“ACTE stance on the inspection and seizure of electronic devices at U.S. borders is an endeavor that has an immediate benefit for all international travelers, whether they are U.S. citizens or visitors, business travelers or leisure travelers,” said Gurley. “ACTE’s interest in this issue is to promote stronger border security, while protecting the privacy of the individual.”
Gurley added that ACTE has prompted and supported legislative endeavors for change regarding electronic search and seizure procedures at US borders since 2007, providing statistical analysis for the business travel industry and elected officials through surveys and studies. ACTE’s executive director has again put the resources of the association at the disposal of Congress, the DHS, and other groups working on this issue.
ABOUT ACTE:
The Association of Corporate Travel Executives (ACTE) represents the global business travel industry through its international advocacy efforts, executive level educational programs, and independent industry research. ACTE's membership consists of senior travel industry executives from 82 countries representing the €463 billion business travel industry. Our members serve more than 12 million business travellers worldwide. With the support of sponsors from every major segment of the business travel industry, ACTE develops and delivers educational programs in key business centers throughout the world. ACTE has representation in Africa, Asia-Pacific, Canada, Europe, Latin America, Middle East and the United States. For more information on ACTE, please go to www.acte.org.
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