WALLINGTON: New Zealand Customs has asked for the creation of new technology to access the paswords of electronic devices carried by people with them.
The agency has also floated other possibilities including collection of biometric information and making passengers empty their pockets if asked by an officer, even if there is no reasonable suspicion.
A discussion paper on changes to the Customs and Excise Act has been released, outlining a number of changes the agency wants considered. Currently, when Customs examines a person’s electronic device the owner is not legally obliged to provide a password or encryption key.
It is relatively uncommon for people to refuse to provide this, Customs notes in the discussion paper, but “the number who refuse may increase as technology continues to develop”. If people do refuse, Customs notes it “can mean we have no way of uncovering evidence of criminal offending even when we know the device holds this evidence”.
Its preferred solution is to change the law to authorise Customs officers to require access to an electronic device, which is comparable to measures in Australia, the United States, Canada and the United Kingdom.
“Customs recognises that accessing a person’s smartphone or laptop can be a sensitive and personal matter, as many people will have personal items such as family photos or emails on their device,” the document states.
NZ Council for Civil Liberties chair Thomas Beagle said there were a number of serious issues about the workability of such a change.
