(Beijing) A new version of an anti-spy law came into force in China on Saturday, giving authorities significantly more leeway against what they see as national security threats.
However, analysts and lawyers are wondering about these changes, in a country where the legislation in this area is relatively vague and subject to a number of interpretations.
Under the new law, unauthorized obtaining of “documents, data, materials and objects related to security and national interests” can now amount to espionage.
China stressed the fact that similar laws already existed elsewhere in the world and that it had the right to “safeguard its national security”, ensuring in parallel that the rule of law would be respected.
But this new text comes into force while foreign companies are waiting.
Searches and interrogations earlier this year in the Chinese premises of the American audit firms Mintz Group and the strategy consulting firm Bain & Company thus sowed a small wave of panic in the sector.
The law has “a broad definition of national security” and it will apply to all levels of society and all sectors, Jeremy Daum, a researcher at the law school’s Paul Tsai China center, told AFP. from Yale (USA).
In particular, it will have “a deterrent effect on Chinese citizens who have contact with foreigners and foreign organizations”, he predicts.
Businesses fear tighter controls.
These changes “raise legitimate concerns about the conduct of certain common business activities, which now risk being considered as espionage”, writes Craig Allen, the president of the Sino-American Economic Council (USCBC).
“Discussions of trade secrets, data sharing, market research, hiring procedures and the collection of business intelligence could conceivably fall within the scope of the law,” he said. it, especially since it does not “specify […] what types of data, documents and materials are related” to national security.
Foreign governments have not publicly expressed concerns for their nationals, with the notable exception of the United States, whose relations with China are strained.
The law “will significantly expand the scope of what (Beijing) considers espionage activities,” said Vedant Patel, deputy spokesman for the State Department.