Protecting Data at the Border Act

The Protecting Data at the Border Act requires U.S. border agents to obtain a warrant based on probable cause before accessing the digital contents of electronic devices belonging to U.S. persons at the border. It prohibits denying entry or delaying entry based on a refusal to provide access credentials, digital content, or online account information, and limits border agents to four hours to determine if a U.S. person will voluntarily provide access. The bill mandates written consent with clear notice of rights for voluntary data access, requires destruction of improperly accessed data, and includes emergency exceptions for immediate threats to life, national security, or public safety. It also requires the Department of Homeland Security to report annually on how often border agents access digital data and under what circumstances.