Upcoming changes to Canada's marijuana laws will soon allow Canadians across the country to legally purchase marijuana for recreational purposes. But experts warn that this could affect one's ease of travel across international borders, particularly when journeying south to the U.S.
Those who buy legal recreational marijuana at licensed stores or online using credit cards will start to accumulate marijuana transaction histories, as organizations begin to collect consumer data. If such information reaches U.S. border officials, it could have lasting consequences for those individuals, including being banned from the U.S. for life.
According to lawyers, U.S. border officers have the authority to ban individuals they determine as "drug abusers," or those who lie about their marijuana use. A Canadian's marijuana transaction data could therefore be used against the individual at the border, as non-U.S. persons are only protected under Canada's Charter and not under America's Fourth Amendment.
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In terms of data privacy,Canada's five major banks warn that an individual's financial information can be stored outside of the Canada and aresubject to the laws of the country it's stored in. U.S. authorities can obtain Canadian credit card data under the PATRIOT Act, which was passed as an anti-terrorism law after September 11.
“Any information that goes outside of Canadais up for grabs by local law enforcement,” says former assistant federal privacy commissioner. Heather Black toGlobal News. “It’s part of the globalization of data. It goes all over the place.”
Lawyers suggest Canadian travellers caught in such situation should refuse answering the question so that they will only get turned away on that one occasion, rather than get banned for life on the spot. Those who do get banned could always apply for a waiver that would allow them to cross the border, however it is an extremely burdensome and expensive process.
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Marijuana laws are dictated on a provincial leveland will differ between the regions. Quebec, Nova Scotia and P.E.I. will have their own online ordering systems and plan to keep all of the data in Canada. Ontario, Alberta, Newfoundland and New Brunswick will contract out online ordering, but require contractors to store the data only in Canada.
Where it gets tricky is Manitoba and Saskatchewan — the two provinces will allow licensed private-sector companies to facilitate online sales, which means storage of consumer data is not limited to just Canada.
Those who buy legal recreational marijuana at licensed stores or online using credit cards will start to accumulate marijuana transaction histories, as organizations begin to collect consumer data. If such information reaches U.S. border officials, it could have lasting consequences for those individuals, including being banned from the U.S. for life.
According to lawyers, U.S. border officers have the authority to ban individuals they determine as "drug abusers," or those who lie about their marijuana use. A Canadian's marijuana transaction data could therefore be used against the individual at the border, as non-U.S. persons are only protected under Canada's Charter and not under America's Fourth Amendment.
In terms of data privacy,Canada's five major banks warn that an individual's financial information can be stored outside of the Canada and aresubject to the laws of the country it's stored in. U.S. authorities can obtain Canadian credit card data under the PATRIOT Act, which was passed as an anti-terrorism law after September 11.
“Any information that goes outside of Canadais up for grabs by local law enforcement,” says former assistant federal privacy commissioner. Heather Black toGlobal News. “It’s part of the globalization of data. It goes all over the place.”
Lawyers suggest Canadian travellers caught in such situation should refuse answering the question so that they will only get turned away on that one occasion, rather than get banned for life on the spot. Those who do get banned could always apply for a waiver that would allow them to cross the border, however it is an extremely burdensome and expensive process.
Marijuana laws are dictated on a provincial leveland will differ between the regions. Quebec, Nova Scotia and P.E.I. will have their own online ordering systems and plan to keep all of the data in Canada. Ontario, Alberta, Newfoundland and New Brunswick will contract out online ordering, but require contractors to store the data only in Canada.
Where it gets tricky is Manitoba and Saskatchewan — the two provinces will allow licensed private-sector companies to facilitate online sales, which means storage of consumer data is not limited to just Canada.