U.S. based work for UK employer - U.S. government right to data (?)
Nov 7th 2021, 3:07 pm
#1
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Joined: Nov 2021
Posts: 2
U.S. based work for UK employer - U.S. government right to data (?)
Hello- First time poster here. I couldn't find the answer to a question like this, and hope you treat my question kindly.
I am dual citizen (UK/USA) living and working in the UK. I am planning to visit my family in the U.S. over Christmas, and have spoken to my employer about possibly doing a day or two of remote work while there, if required. My boss has a vague notion that the U.S. government may be able to lay claim on data that is processed in the U.S. on my employer's laptop. I've not been able to find anything concrete about this, and thought you might be a good source of information. Do you have any sense about this? Thank you in advance.
I am dual citizen (UK/USA) living and working in the UK. I am planning to visit my family in the U.S. over Christmas, and have spoken to my employer about possibly doing a day or two of remote work while there, if required. My boss has a vague notion that the U.S. government may be able to lay claim on data that is processed in the U.S. on my employer's laptop. I've not been able to find anything concrete about this, and thought you might be a good source of information. Do you have any sense about this? Thank you in advance.
Nov 7th 2021, 3:49 pm
#2
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Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,427
Re: U.S. based work for UK employer - U.S. government right to data (?)
There has been long simmering issues regarding the authority of Customs & Border Protection to examine electronic devices at time of applying for admission to the United States. A quick Google search reveals this article.
I have crossed the borders of the US with laptops and tablet computers many times in the past 25 years and never have I been even questioned about the contents nor had the devices examined. The security protocols post 9/11 have often required that **I** boot up the computer to show that it is operational. This been only for boarding the aircraft. There was zero interest by TSA in the data or why you had the device.
I have crossed the borders of the US with laptops and tablet computers many times in the past 25 years and never have I been even questioned about the contents nor had the devices examined. The security protocols post 9/11 have often required that **I** boot up the computer to show that it is operational. This been only for boarding the aircraft. There was zero interest by TSA in the data or why you had the device.
Nov 7th 2021, 7:55 pm
#3
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Location: Los Angeles, California
Posts: 8,427
Re: U.S. based work for UK employer - U.S. government right to data (?)
Out of idle curiosity as a retired immigration lawyer, I went into Google Scholr and read the actual recent case cited in the article. FYI, the numbered Federal Circuits are geographically based. 1st Circuit cases will govern entry in Boston. New York is in the Second. Newark and Philadelphia are in the Third. Virginia (e.g. Dulles) is in the Fourth. Miami is in the Eleventh. (I live in and practiced in the Ninth Circuit).
Nov 9th 2021, 7:56 pm
#4
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Re: U.S. based work for UK employer - U.S. government right to data (?)
Thank you for your replies, S Folinsky - much appreciated!
