In a troubling incident reported by a local newspaper, the US authorities confiscated the mobile phone of Mae Toussaint Jr. Thomas, the Permanent Secretary of the Ministry of Home Affairs of Guyana, while she was in transit to China.
On source who commented based on a promise of confidentiality shared that more than likely that Permanent Secretary’s phone contains sensitive information related to national security and foreign relations.
The confiscation of the phone raises serious questions about the US policy regarding searches of electronic devices of foreign nationals at the border. According to ProPublica, Customs and Border Protection (CBP) officers have the authority to inspect, without a warrant, any person trying to gain entry into the country and their belongings, including electronic devices. However, this authority is limited by the Fourth Amendment, which protects people from unreasonable searches and seizures.
According to EPIC, a privacy advocacy group, the Supreme Court has recognized that people have a reasonable expectation of privacy in the contents of their cell phone and in their historical location information. Therefore, CBP officers need a warrant based on probable cause to conduct a more invasive search of a device, such as accessing its data or copying its contents.
It is unclear whether Thomas consented to the confiscation of her phone or whether CBP officers had a warrant or a valid exception to conduct the search. It is also unknown what information they were looking for or what they found on the device.
The incident should concern all government officials and representatives who could find themselves subject to similar actions. Citizens of Guyana deserve an explanation from the US Embassy or the government of Guyana
