From Smartphones to State Security: The Reach of China’s New Surveillance Laws

China’s New Law Expands State Surveillance, Raises Global Concerns

China has enacted new restrictions under its Counter-espionage Law, shocking the international world and raising severe concerns about privacy and human rights. These guidelines, which went into effect on July 1, 2024, provide state security officers broad rights to inspect and search electronic equipment such as smartphones and computers, presumably in the name of national security. 

The “Provisions on Administrative Law Enforcement Procedures of National Security Organs” mark a considerable increase in state monitoring capabilities. Under the new legislation, authorities can now collect “electronic data” from personal devices such as text messages, emails, instant messages, group chats, documents, photos, audio and video files, apps, and log records. This broad mandate effectively converts each citizen’s smartphone into a potential source of information for state security authorities.

Loopholes: Easy Searches and Broad Definitions

One of the most concerning downsides to these new regulations is the ease with which state security agents can conduct searches. According to Article 40 of the regulations, law enforcement officers can undertake on-the-spot inspections by just producing their police or reconnaissance cards, with the agreement of a municipal-level state security organ head. In an emergency, these checks can even be conducted without warra

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