It’s important to know your digital rights as a traveler, but sometimes they’re not so clear. Of course, we’re accustomed to having our luggage inspected from time to time by TSA—either by random search or you forgot to throw out that damn water bottle—but can TSA actually search your phone? The short answer is sort of.
TSA’s ultimate intent is to prevent threats from entering our airports. “TSA incorporates unpredictable security measures, both seen and unseen, to accomplish [this] transportation security mission,” explains its website.
Since threats are oftentimes tangible items (take a look at the 10 weirdest things TSA confiscated last year), it’s unlikely a TSO (Transportation Security Officer) will need to take a look at your phone.
However, if TSOs notice certain suspicious behavior or that they have reason to believe something is amiss after a device is scanned they have the right to swab phones for explosive residue or ask travelers to perform actions such as turning on the device or opening a few apps. This ensures that the device is functional and verifies its legitimacy as a phone and nothing more. To fully search through someone’s phone, TSA would need an appropriate warrant.
In 2018, TSA clarified this during a lawsuit, stating “TSA does not search electronic devices for electronic content that may be contained on the devices, and does not extract data from passenger electronic devices.”
However, the same rules do not apply for the the U.S. Customs and Border Protection. CBP is allowed to search phones without a warrant. This includes actions of searching through one’s browsing history, social media, texts, photos and so on. Unwillingness to comply could lead to enforcement actions and ultimately denial of entry for non-US citizens. US citizens may be subject to getting their phone confiscated in the event of refusal.
Since TSA requires a warrant to fully search a phone, they may refer travelers to CBP for further inspection.
Be sure to check the TSA and CBP website for the latest updates on their policies so you know your rights.