Ministry seeks opinions for new electronic evidence gathering rules

China's Ministry of Public Security is soliciting public opinions on draft rules for collecting electronic data evidence to further standardize procedures and strengthen the protection of personal privacy, communication secrecy, and personal data.

The ministry plans to revise the current rules on electronic data evidence collection in criminal cases and has released a draft for public consultation, it said on Friday. Feedback will be accepted until June 21.

Under the draft rules, when police need to access account passwords for smart devices or other terminals related to a case, the passwords should generally be provided by the holder of the electronic data.

If the holder refuses, police will be allowed to obtain the passwords after getting an approval by the head of a public security organ at or above the county level. The holder should be clearly informed, or the process should be witnessed by a third party.

When checking personal instant messaging content such as emails, police need to first ask the electronic data holder to log in and assist in providing the information. If the holder refuses, police can request the data from internet service providers after approval by the head of a public security organ at or above the city level, with the holder informed or the process witnessed.

The ministry said these provisions are intended to better protect citizens' communication secrecy, privacy, and personal information during evidence collection.

With 61 articles across six chapters, the draft also standardizes documents for collecting electronic data evidence.

The ministry emphasized that revising the rules is to provide clearer requirements for police to collect electronic data and regulate their behaviors in the process. Additionally, the revision is to further clarify some terms in the current rules that are inconsistent with those used in ordinary criminal cases.