US Border: Is hiding data OK?

Question

There’s data on my computer I consider sensitive that I don’t want to upload, delete, or expose to the US Border Force.

I am aware that digital strip searches are rare, but their occurrences have increased significantly.

Is it OK to copy this data e.g. on a camera SD and leave it in the camera or is that way of «hiding data» considered a punishable offence?

Please consider:

• none of the data is illegal or actually sensitive, just personal.
• that someone’s photos could be sensitive as well which would logically be stored inside the camera.

Please answer if you have been searched. Don’t bother with «should be» answers. Since I’m looking for travel advice, knowing that you must cooperate with whatever they ask you to do, I don’t post this in Law SE.

Answer 1

Deception leads to suspicion. If discovered, you are likely going to be subject to even more scrutiny - you are hiding this, what else are you hiding?

The act of hiding is not illegal in and of itself; but you are now completely at their mercy as to what else they choose to search or how long they choose to keep you, or send your electronic items for further investigation, or even to admit you or not.

Therefore, if you want to keep things private - upload them to a private online location; and download them once you are past the inspection controls.

Answer 2

In most cases you won't have so much data to transport that you need to carry the physical medium, so concealing the physical medium solves the wrong problem.

Since Internet connectivity is widely available within the US, it will be a much more effective solution to encrypt your data with a good long passphrase that you remember, and then upload the encrypted data to a cloud storage provider or two, and don't carry the data physically with you across the border either in encrypted or plaintext form.

Answer 3

If they ask you to decrypt data, and you refuse, you will certainly be refused admittance to the US. The odds of this happening may be small, but it will depend on what the officer learns about you as you clear customs and immigration.

A good rule of thumb is that if you don't want it looked at, don't have it with you. Crossing a border is a vulnerable time.

The worst case scenario isn't likely imprisonment, but it might be a return to your native country (assuming you're not American) and a lifetime ban from entrance. (More likely it will be a return to your native country and a temporary ban, and greater scrutiny on future entrances after the ban expires.) It is up to you to decide how much you wish to push the boundaries of this.

Answer 4

The problem with that plan is that if they do decide to search you, they will look everywhere.

This is why attempting to conceal data makes it even more suspicious leading to an even more exhaustive search.

I say this in many threads, everything is subject to inspection, everything. It doesn't matter if it's a suitcase or a SD Card.

If you cannot risk border officers seeing it, you should not carry it across the border.

Keep in mind, unless it's illegal, border Officers are generally required to maintain any attached confidentiality. US CBP Policy described here. I'm willing to presume UK Border Force has similar policies.