Phone SeizedCompare jurisdictionsAt the border?

At the border?

Applies to: England & Wales · Scotland · Australia · United States. The law differs materially between jurisdictions this site covers — do not apply this page outside the one named here. Law also varies by state and territory in Australia — this page does not describe every state or territory. Law also varies by state, and by federal circuit, in the United States — this page does not describe every state or circuit.

At the border?

At the border? — one column per jurisdiction, each answer quoted to its source.
England & Wales	Scotland	Australia	United States
Must — refusing is an offence At a UK port or border examination under Schedule 7 of the Terrorism Act 2000, wilfully failing to comply with a duty under the Schedule — including giving requested information — is a criminal offence. That duty can include giving a password: the Schedule 7 Code of Practice says the information you can be asked for “may include passwords to electronic devices.” Terrorism Act 2000, Sch.7 para 18(1)(a) “A person commits an offence if he— wilfully fails to comply with a duty imposed under or by virtue of this Schedule” Read it at legislation.gov.ukquote checked 2026-09-08	Must — refusing is an offence At a UK port or border examination under Schedule 7 of the Terrorism Act 2000, wilfully failing to comply with a duty under the Schedule — including giving requested information — is a criminal offence. That duty can include giving a password: the Schedule 7 Code of Practice says the information you can be asked for “may include passwords to electronic devices.” Terrorism Act 2000, Sch.7 para 18(1)(a) “A person commits an offence if he— wilfully fails to comply with a duty imposed under or by virtue of this Schedule” Read it at legislation.gov.ukquote checked 2026-09-08	May refuse At the Australian border, there is no legal compulsion for a traveller to provide a password, passcode or other assistance to access an electronic device. Refusing has a consequence: Australian Border Force policy allows an officer to seize the device for further examination if they consider there is a risk to the border. Senate Legal and Constitutional Affairs Legislation Committee, Additional Estimates, ABF answer AE22-050 (14 Feb 2022) — no legal compulsion “There is no legal compulsion for a traveller to provide a password/passcode or provide assistance to an electronic device at the border.” Read it at aph.gov.auquote checked 2026-09-08	Must At the US border, travellers are obligated to present electronic devices, and the information on them, in a condition that allows CBP to inspect the device and its contents. If an officer cannot complete an inspection because a device is passcode-protected or encrypted, CBP policy allows the device to be detained pending a decision on its disposition, rather than compelling the passcode itself. CBP Directive No. 3340-049B §5.3.1 (eff. 1 Jan 2026) “Travelers are obligated to present electronic devices and the information contained therein in a condition that allows inspection of the device and its contents.” Read it at cbp.govquote checked 2026-09-08

England & Wales
Must — refusing is an offence
At a UK port or border examination under Schedule 7 of the Terrorism Act 2000, wilfully failing to comply with a duty under the Schedule — including giving requested information — is a criminal offence.
That duty can include giving a password: the Schedule 7 Code of Practice says the information you can be asked for “may include passwords to electronic devices.”
Terrorism Act 2000, Sch.7 para 18(1)(a)
“A person commits an offence if he— wilfully fails to comply with a duty imposed under or by virtue of this Schedule”
Read it at legislation.gov.ukquote checked 2026-09-08
Scotland
Must — refusing is an offence
At a UK port or border examination under Schedule 7 of the Terrorism Act 2000, wilfully failing to comply with a duty under the Schedule — including giving requested information — is a criminal offence.
That duty can include giving a password: the Schedule 7 Code of Practice says the information you can be asked for “may include passwords to electronic devices.”
Terrorism Act 2000, Sch.7 para 18(1)(a)
“A person commits an offence if he— wilfully fails to comply with a duty imposed under or by virtue of this Schedule”
Read it at legislation.gov.ukquote checked 2026-09-08
Australia
May refuse
At the Australian border, there is no legal compulsion for a traveller to provide a password, passcode or other assistance to access an electronic device.
Refusing has a consequence: Australian Border Force policy allows an officer to seize the device for further examination if they consider there is a risk to the border.
Senate Legal and Constitutional Affairs Legislation Committee, Additional Estimates, ABF answer AE22-050 (14 Feb 2022) — no legal compulsion
“There is no legal compulsion for a traveller to provide a password/passcode or provide assistance to an electronic device at the border.”
Read it at aph.gov.auquote checked 2026-09-08
United States
Must
At the US border, travellers are obligated to present electronic devices, and the information on them, in a condition that allows CBP to inspect the device and its contents.
If an officer cannot complete an inspection because a device is passcode-protected or encrypted, CBP policy allows the device to be detained pending a decision on its disposition, rather than compelling the passcode itself.
CBP Directive No. 3340-049B §5.3.1 (eff. 1 Jan 2026)
“Travelers are obligated to present electronic devices and the information contained therein in a condition that allows inspection of the device and its contents.”
Read it at cbp.govquote checked 2026-09-08

The short answer, country by country

In England & Wales and Scotland, at a Schedule 7 port or border examination, wilfully failing to comply with a duty under the Schedule — including giving requested information — is a criminal offence. That duty can include giving a password: the Schedule 7 Code of Practice says the information you can be asked for “may include passwords to electronic devices.”

In Australia, there is no legal compulsion for a traveller to provide a password, passcode or other assistance to access an electronic device at the border. Refusing has a consequence rather than a penalty: Australian Border Force policy allows an officer to seize the device for further examination if they consider there is a risk to the border.

In the United States, travellers are obligated to present electronic devices, and the information on them, in a condition that allows CBP to inspect the device and its contents. If an officer cannot complete an inspection because a device is passcode-protected or encrypted, CBP policy allows the device to be detained pending a decision on its disposition, rather than compelling the passcode itself.

Where the four differ — and where they end up the same

England & Wales and Scotland are the most intrusive of the three positions sourced here: refusing to unlock is itself a criminal offence, not just a device-seizure risk. Australia and the United States both stop short of criminalising refusal at the border — but both then allow the device to be taken away instead, which is a materially different exposure (a delayed, offline device) rather than no consequence at all.

Read further

See Schedule 7 and your phone in full, Border Force and your phone in Australia, and CBP and your phone at the US border. See also Must I give them the passcode? for how the domestic and border positions differ within each country, and, for UK encounter rights specifically, rightsandlimits.com’s guide to Schedule 7.

Last reviewed 2026-09-08. Next review due 2026-12-08. No lawyer has reviewed this page — see [email protected] if you think something here is wrong.