China: Security agencies authorized to monitor smartphones, electronic devices

New regulations went into effect yesterday in China that allow authorities to conduct random checks on smartphones, computers and other electronic devices. The new rules, expected by the Ministry of State Security last April, are being applied under the Criminal Procedure Code and the Counterintelligence Law, which was amended a year ago to broaden the definition of the crime. Security agencies and personnel will be able to access various types of data stored on electronic devices, including emails, images and videos. The checks can be carried out without a warrant in an emergency, and if officers are unable to examine the devices on the spot, they are authorized to ask their owners to take them to designated locations.

However, the definition of “emergency” in the new rules remains unclear and has sparked widespread concern among foreigners in the country, who fear arbitrary action against them. Last month, the Ministry of State Security clarified that the new rules would apply to “individuals and organizations associated with espionage groups” and that ordinary passengers would not have their smartphones monitored at airports. According to international political observers, the initiative could have negative repercussions for tourism in the Asian country.

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