Executive Summary: NEXUS Privacy Impact Assessment
NEXUS is a bi-national Canada-United States (U.S.) program managed by the Canada Border Services Agency (CBSA) and U.S. Customs and Border Protection (U.S. CBP). The Trusted Traveller Programs Unit of the Travellers Programs at the CBSA is the Office of Primary Interest (OPI) for NEXUS.
NEXUS allows customs and immigration border clearance processes to be streamlined for pre-approved, low-risk travellers, and permits the CBSA and the U.S. CBP to allocate their resources more effectively at the border. Membership is five years and provides expedited border clearance into Canada and the U.S. in the land, air and marine travel modes. In 2002, the NEXUS program was delivered in a travel mode specific format, beginning with the NEXUS Land Program. Subsequently in 2006, the NEXUS suite of programs was harmonized to provide members with expedited travel privileges in all three travel modes (land, air and marine). NEXUS members use dedicated lanes in the highway mode, self-serve kiosks in the air mode and report through the Telephone Reporting Centres (TRC) in the marine mode.
To become a member of the NEXUS program, an applicant submits an electronic application form through the Trusted Traveler Programs (TTP) System, which is maintained by the U.S. CBP. The U.S. CBP then forwards the personal information electronically through their Global Enrolment System (GES) to the CBSA’s Global Enrolment Component (GEC) of the Integrated Customs System (ICS) where it is assessed against a variety of enforcement databases to determine program eligibility. The personal information entered by the applicant is used by the CBSA and the U.S. CBP to confirm their identity and to determine the eligibility of an applicant and the continued eligibility of a member.
Note: In an effort to modernize the application process, effective , the CBSA eliminated paper application forms. Individuals expressing interest in applying to the NEXUS program are being advised to submit their application online through the TTP System as this is now the sole application method available.
When an applicant is accepted as a NEXUS member, periodic risking is performed as well as ad hoc risking based on cause. Also, an assessment is performed at each passage to confirm if there have been any infractions that would result in the revocation of the membership or in the inadmissibility of the member into either Canada or the U.S.
When the previous NEXUS kiosks reached their end-of-life, the CBSA replaced them with new kiosks. With the new kiosks, the CBSA has shifted NEXUS processing of travellers to the Primary Inspection Kiosk (PIK) public-private partnership model, using facial biometrics to facilitate traveller processing and enable simplified updating and maintenance of hardware. To facilitate this move, the CBSA leverages the high-quality photograph on the ePassports of existing NEXUS members and new applicants.
Protecting your personal information
The following personal information elements will be managed by the NEXUS program:
- full name
- contact information
- signature
- biographical information
- biometric information (for air travel only)
- citizenship status
- criminal checks/history
- date of birth
- credit card information (if not paying by certified cheque or money order)
- identification numbers such as those contained on the birth certificate, driver’s license or passport
Personal information collected during the application process is protected by the Customs Act and the Privacy Act and is only disclosed to other federal departments for the purpose of the operation of the NEXUS program and pursuant to the relevant Canadian laws and regulations governing such disclosure. The CBSA uses the personal information collected to query various enforcement and information databases to which the CBSA has access, including the following:
Canadian Police Information Centre (CPIC) of the Royal Canadian Mounted Police (RCMP) – contains criminal records.
The CBSA may also check:
National Crime Information Center (NCIC) – contains U.S. national intelligence information – wants/warrants and criminal records. This is only checked when an applicant self-discloses a US conviction on their application or when there are precipitating circumstances indicating that the applicant has engaged in some form of criminal activity.
The CBSA systems that are used include the following:
- The Integrated Customs Enforcement System (ICES) is a CBSA database that contains customs seizures for a period of six (6) years plus the current year, and current data. The ICES also contains customs and immigration lookouts and Wants and Warrants.
- The Interdiction and Border Alert System (IBAS) is a CBSA database that accumulates data to allow high-speed/high-volume querying by other applications against multiple sources including the following:
- Global Case Management System (GCMS) - Immigration, Refugees and Citizenship Canada’s (IRCC) - information related to Criminal Removals;
- Lost, Stolen, Fraudulent documents (LSFDs); and
- Criminal Records in Canada and the U.S..
The pass or fail result of the risk assessment both at initial enrolment and during periodic risk assessment is shared with the U.S. CBP as part of the eligibility and continued eligibility determination process. The U.S. CBP conducts its own risk assessment process against its respective domestic law enforcement, immigration, customs and criminal and intelligence databases to determine the applicant’s eligibility and continued eligibility into the NEXUS program. The U.S. CBP shares only the pass or fail result with the CBSA. For both the CBSA and the U.S. CBP, the reason for rejection of an application or cancellation of a membership is not shared between the two agencies.
The collection of information for the NEXUS program is used to determine an applicant’s eligibility for inclusion in the program as well as their ongoing eligibility.
Right of Access
A Privacy Notice statement appears on the paper application form and is also presented on the TTP System screen when applying on-line. The Privacy Notice statement describes the purpose, use, disclosure and retention of personal information collected or created as part of the NEXUS program.
Applicants may formally request access to their personal information or access to corporate records related to or created by the NEXUS program by contacting the Information Sharing, Access to Information and Chief Privacy Office (ISATICP Office). More information about this can be found on the CBSA website:
Access to Information and Privacy
Accountability
If the applicant has concerns about the collection, use, disclosure or retention of their personal information, they may issue a complaint to the CBSA ISATICP Office. Complaints should be made in writing and include the applicant’s name, contact information and a brief description of their concerns. Contact information for the ISATICP Office at the CBSA can be found on the CBSA website:
Access to Information and Privacy - Contact us
If a membership is revoked from or an applicant is denied membership to the NEXUS program by the U.S. CBP, the process for seeking clarification in writing will be provided. An applicant or member may also challenge the decision by contacting the local trusted traveller Enrolment Centre (EC) or by writing to the U.S. CBP Trusted Traveller Ombudsman. Further information on these processes can be found on the CBP website:
Trusted Traveler Program Denials
If an applicant is denied membership to the NEXUS program or a membership is cancelled or suspended from the program by the CBSA, you may write to the Recourse Directorate at Headquarters or submit an E-appeal on-line to request a review of the decision. The request for review must be submitted within 90 days from the date the rejection, suspension or cancellation of the membership. The 90 day period becomes effective either immediately when notified in person or fifteen days after the notice is mailed to the applicant or member. Further information on these processes can be found on the CBSA website:
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