China’s Ministry Refutes Speculations on Counter-Espionage Law’s Impact on Data Security
China’s Ministry of State Security has issued a statement vehemently rejecting allegations surrounding the implications of its Counter-Espionage Law. For the fourth consecutive day, the ministry has been at the forefront, dispelling concerns about potential risks the said law might pose to both enterprises and individuals.
Recently, there have been widespread speculations and claims painting the picture that the revision in China’s Counter-Espionage Law will adversely affect data security, particularly for foreign enterprises and individuals based in the country. These speculations imply that the national security considerations within the law might be broadened in such a manner that it could increase the risk factor for foreign entities operating in China.
The ministry has taken pains to stress that China’s Counter-Espionage Law, both in its intent and implementation, primarily aims at a minuscule fraction of illegal and criminal activities, specifically highlighting threats like “cyber espionage.” The ministry was categorical in stating that lawful data activities undertaken by foreign entities and individuals would remain unaffected. Moreover, the notion of the law being utilized for forced data collection from foreign businesses or individuals was firmly dismissed.
Elaborating on this, the ministry explained that the regulations set within the law concerning the access and retrieval of data were in no way introducing novel authorizations. Instead, these regulations serve as a more detailed interpretation of the existing ones. The Data Security Law, promulgated in 2021, has already established the conditions under which national security organs are permitted to access and retrieve data, specifically in scenarios that warrant safeguarding national security or during the course of crime investigations.
Adding further clarity to the matter, the revised Counter-Espionage Law meticulously outlines the foundational premises of its law enforcement, the procedure for approvals, and the specific boundaries that define data access and retrieval. To put it simply, the law dictates that national security agencies must adhere to three foundational tenets before they can retrieve or access data. These include: the primary motive should be to undertake counter-espionage measures; there must be a go-ahead from the head of a national security agency at a designated level; and all activities should strictly remain within the purview of counter-espionage operations.
On the larger front, China’s commitment to data is dual-fold. On one side, there’s the emphasis on promoting data development and its subsequent utilization. On the other, there’s the unwavering commitment to ensuring data security. This equilibrium extends to foreign-invested enterprises and individuals, ensuring their data security is upheld with the same vigor and adherence to the law.
Highlighting China’s increasing focus on the digital domain, the Chinese Academy of Cyberspace Studies revealed in a report that the nation’s digital economy had a valuation of 45.5 trillion yuan (equivalent to $6.3 trillion) in the previous year. This impressive figure accounted for a whopping 39.8 percent of China’s Gross Domestic Product. Demonstrating its intent to further its global digital footprint, on November 1, 2021, China took a significant step forward by formally submitting its application to be a part of the Digital Economy Partnership Agreement. This move is seen as China’s strategic endeavor to bolster its digital economy collaboration with nations worldwide.
However, the ministry didn’t mince words when drawing a contrast with the US. It accused Washington of leveraging its domestic laws and sophisticated technological capabilities for activities that border on infringing upon data sovereignty. Labeling the US as a “secret-stealing empire,” “eavesdropping empire,” and a “hacker empire,” the ministry’s statement painted a picture of the US as a nation that has been wielding its domestic legal prowess and technological might not just to surveil its own citizens but to extend this surveillance globally. Such acts, according to the ministry, are gross violations of other countries’ sovereignty and a blatant breach of citizens’ data security rights across the world.
Bringing recent events into the spotlight, the ministry disclosed that US intelligence arms have been implicated in frequent cyber-attacks and secretive theft operations targeting China. These activities, the ministry underlined, pose significant risks and hazards to China’s intricate web of network and data security systems.
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