Since July 1 in China new rules have been introduced as part of the tightened law on countering spying. These new rules allow authorities to inspect smartphones, personal computers, and other electronic devices belonging to both local citizens and visitors. This has sparked concerns among expats and foreign business people about the potential arbitrary application of these measures.
The newly implemented rules, which come a year after an expanded definition of spy activity in a revised law, grant Chinese national security authorities the power to examine data on electronic devices, including emails, photos, and videos. These inspections can be conducted without a warrant in emergency situations, and devices can be taken to designated locations for inspection if officers are unable to do so on the spot. However, the criteria defining “emergency situations” remain unclear, suggesting that foreign citizens and companies may face increased scrutiny by Chinese authorities.
China is currently ramping up its efforts to combat espionage, with recent actions focusing on social networks such as WeChat, Weibo, and Douyin. Some individuals, like a British teacher and a Japanese business traveler, are taking precautions to avoid drawing attention from security services by limiting their smartphone use in China.
Despite reassurances from the Chinese Ministry of State Security that the new rules target individuals and organizations associated with spy groups and not ordinary travelers, there is uncertainty surrounding what constitutes spying activities. This lack of clarity has led to concerns among tourists and businesses, with some Japanese companies advising employees against bringing personal smartphones on business trips to China.
Recently, the Taiwanese Council for mainland China raised its travel advisory level for trips to China, urging caution due to the increased national security measures. In May, China passed a revised law on the protection of state secrets, which includes provisions to enhance the safeguarding of secrets at military installations.