China allows law enforcement to search gadgets without a court order

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In China, new rules allow law enforcement to search personal electronic devices such as smartphones and PCs without a court order, even from foreign nationals, raising concerns about potential arbitrariness and privacy violations.

According to the Japanese media, China has introduced new rules that allow police and other law enforcement officials to view the contents of personal smartphones, PCs and other electronic devices. It is reported that in "emergency cases" such inspection is allowed without obtaining a court order. The rules do not specify what exactly is meant by emergency cases, UNN reports.

Details

Foreign nationals may also be subject to inspection and verification of the contents of gadgets. According to the Japanese media, this may cause foreign businessmen and expats to fear potential arbitrariness against them.

The new rules were reportedly adopted a year after the adoption of a law in China to strengthen the fight against foreign espionage. Law enforcement agencies have been granted the right to check data such as emails, photos and other images and videos on personal devices.

If it is not possible to check the contents of the device on the spot, the officer may deliver the digital device to a special place where he or she can inspect it.

Japan's Kyodo news agency quoted representatives of an unnamed Japanese tour operator as saying that the new rules could reduce the flow of Japanese tourists to China. Some Japanese companies have reportedly already advised their employees not to take smartphones to China if they are traveling there for business purposes.

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