China Can Now Demand Travelers' Phone Data at Border

Koreans entering China without a visa must comply if immigration authorities ask them to hand over data stored on phones, laptops or other electronic devices. New entry and exit rules carrying that provision took effect on the 15th.

According to China's State Council, the Regulations on Entry and Exit Administration, consisting of 19 articles, took effect that day. The rules state that authorities may require travelers to submit electronic data as well as documents and other materials when verifying their identity and their purpose for entering or staying in China.

Article 3 states that immigration administration agencies and visa-issuing bodies may ask questions about relevant circumstances and require the submission of electronic data as well as documents and materials when verifying a traveler's identity and the grounds for an application to enter, exit or stay.

The rules do not specify what types of electronic data may be subject to submission. They do state that travelers must cooperate with the authorities' requests.

Koreans are no exception. The provision does not distinguish between Chinese nationals and foreigners, applying instead to "travelers" whose identity and purpose of entry or stay may be verified.

Holders of ordinary South Korean passports can currently stay in China for up to 30 days without a visa when entering for tourism, business trips, visits to relatives, exchanges or transit. Visa-free entry, however, does not exempt travelers from immigration screening.

If Chinese authorities determine that they need to verify the purpose of a visit or a traveler's identity, they can request materials such as flight tickets, hotel booking confirmations or invitation letters. The new rules provide a legal basis for demanding electronic data during that same screening process.

Submitting false materials or making false statements can result in penalties during entry. Authorities may refuse to issue entry and exit documents or bar the foreigner from entering or leaving the country.

Rules on barring foreigners from entry were also spelled out in greater detail. If a foreigner is found to have submitted false materials or made false statements while applying for a Chinese visa or entering the country, authorities can bar that person from entry for one to five years.

Chinese officials said they strengthened the system after cases emerged of applicants submitting false materials or fraudulently obtaining entry and exit documents as foreign arrivals increased in recent months.

The rules also lay out specific grounds for restricting Chinese nationals from leaving the country. The Ministry of Commerce and other relevant agencies can block a departure if a Chinese national is judged likely to threaten the country's industrial or technological security by violating export controls or rules on technology imports and exports.

When a departure ban is imposed, the person must in principle be informed of the relevant facts, the reasons, the legal basis and available remedies. An exception allows authorities to withhold notification when doing so could affect national security or a criminal investigation.

In Taiwan, concerns were raised that the new rules could give Chinese authorities excessive discretion over border controls. Taiwan's Mainland Affairs Council urged business people, technology workers and semiconductor industry personnel who travel to or operate in China to exercise particular caution.