"'Gomdori Pu' Photo Delete and Leave"…China to Conduct IT Device Security Checks Starting July

Regulation on Random Security Checks Scheduled for Implementation in July
Reports Emerge of Some Areas Already Enforcing It

China will implement regulations starting this July that allow for random inspections of personal electronic devices such as mobile phones and laptops. Tourists are no exception, and there are claims that such random checks have already begun.

Random Inspections of Personal Mobile Phones and Laptops Formalized... "Deleted Photos on Mobile Phone After Witnessing Random Inspection"

[Image source=SBS news screen capture]

On the 9th, Radio Free Asia (RFA) and others reported that China's Ministry of Public Security announced on June 26 the "Administrative Enforcement Procedures of National Security Agencies" and the "Criminal Case Handling Procedures of National Security Agencies," which will take effect on July 1. These regulations allow national security agencies to inspect electronic devices, equipment, and related applications of individuals and organizations. Normally, approval from security officials at the municipal level or higher is required, but in "emergency situations," approval from district-level or higher security officials is sufficient to conduct on-site investigations. However, the regulations do not provide detailed explanations of what constitutes an "emergency situation," leading to criticism that this effectively permits security agencies to inspect messenger contents, photos, and data stored on ordinary people's mobile phones or laptops at any time based on their own judgment.

Foreigners are no exception. As a result, anyone visiting China will be subject to random inspections during entry, exit, or tourism. There are even claims that customs in Shenzhen and Shanghai have already begun randomly inspecting electronic devices of incoming passengers. A Chinese individual, Mr. A, told the media that he witnessed customs officers inspecting a woman’s mobile phone at the Putian Immigration Office in Fujian Province last weekend. He also saw two customs officers inspecting a traveler’s mobile phone while passing through customs in Shenzhen. Mr. A said, "After recently witnessing scenes at Hangzhou and Nanjing airports where officials checked what photos were stored on mobile phones, I deleted all sensitive photos stored on my phone."

China Strengthens National Security in Recent Years... "Means Privacy Can Be Violated Anytime, Creating Atmosphere of Fear"

Legal scholar Lu Chenyuan told the media, "This opens the door for Chinese officials to freely check ordinary people's mobile phones," emphasizing, "It means privacy can be violated at any time and can create an atmosphere of fear surrounding national security."

In recent years, China has strengthened control and surveillance by enacting national security-related laws. Among them, the Data Security Law enacted in September 2021 prohibits the export of data collected or produced within China and imposes severe penalties for violations. The amended Anti-Espionage Law, revised in July last year, expanded the definition and scope of espionage. Despite concerns about a decline in foreign investment after the law’s implementation, China has continued to strengthen measures to detect spies.