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Immigration searching phone at airport.

  • 09-06-2016 8:29am
    #1
    Registered Users, Registered Users 2 Posts: 1,036 ✭✭✭


    If a non-EU citizen was asked by an Immigration Officer at an Irish airport to provide proof of their return ticket, and showed it to them as the email confirmation on a phone, is it then permissible for the officer to read through personal messages in various apps on the phone?

    Seems like an invasion of privacy but, is there something in the Immigration act that would allow for it?


Comments

  • Registered Users, Registered Users 2 Posts: 4,408 ✭✭✭whomitconcerns


    If they consented to search then why not. By handing the phone to an immigration officer I think any reasonable person would assume they may look at anything there.


  • Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    But surely the display of an email or electronic boarding card on a mobile is not a reasonable permission to start searching a phone?


  • Registered Users, Registered Users 2 Posts: 7,516 ✭✭✭BrokenArrows


    If they consented to search then why not. By handing the phone to an immigration officer I think any reasonable person would assume they may look at anything there.

    Depends on the country.
    If you're in a UK or USA airport then they can look at and do whatever they want to your personal items, phone, laptop, tablet etc. without any reason or warrent required.


  • Registered Users, Registered Users 2 Posts: 1,036 ✭✭✭Simon Gruber Says


    This was a US citizen. Officer asked to see the confirmation on the phone and then proceeded to look through the unrelated personal messages on different apps, stating that they were entitled to do so under the Immigration Act.


  • Moderators, Society & Culture Moderators Posts: 17,643 Mod ✭✭✭✭Graham


    Would this section of the 2004 immigration act cover it?
    (3) (a) Any non-national landing or embarking at any place in the State shall, on being required so to do by an immigration officer or a member of the Garda Síochána, make a declaration as to whether or not he or she is carrying or conveying any documents and, if so required, shall produce them to the officer or member.

    (b) The officer or member may search any such non-national and any luggage belonging to him or her or under his or her control with a view to ascertaining whether the non-national is carrying or conveying any documents and may examine and detain, for such time as he or she may think proper for the purpose of such examination, any documents so produced or found on the search.

    (c) In this section, “documents” includes—

    (i) any written matter,
    (ii) any photograph,
    (iii) any currency notes or counterfeit currency notes,
    (iv) any information in non-legible form that is capable of being converted into legible form, or
    (v) any audio or video recording.

    http://www.irishstatutebook.ie/eli/2004/act/1/enacted/en/print#sec15


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  • Registered Users, Registered Users 2 Posts: 1,036 ✭✭✭Simon Gruber Says


    Graham wrote: »
    Would this section of the 2004 immigration act cover it?

    Seems like it would cover it alright. So they basically have the authority to look through everything on your person, including digital information.


  • Moderators, Society & Culture Moderators Posts: 17,643 Mod ✭✭✭✭Graham


    Seems like it would cover it alright. So they basically have the authority to look through everything on your personal, including digital information.

    To be honest I'd be surprised if it were any other way. I can't see how an immigration officer would be able to fully perform their function if they were not permitted.


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