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China proposes tighter procedures for police access to passwords, emails

( May 22, 2026, 09:12 GMT | Official Statement) -- MLex Summary: China has released draft rules on electronic data collection by public security authorities, improving procedural requirements for measures such as obtaining passwords and accessing emails as part of an overhaul of the country’s 2018 regulations governing electronic evidence in criminal cases. The draft says police should generally first request passwords for devices and accounts from the data holder. Police may only take further measures to obtain them with approval from county-level or higher public security officials under either notification to the individual or witness supervision. Access to personal communications such as emails would also require authorities to first seek assistance from the data holder, while requests to internet service providers would require approval from prefecture-level or higher police authorities if cooperation is refused. The proposed revisions also expand the rules’ scope beyond criminal investigations to cover administrative cases, while standardizing terminology and documentation related to electronic data forensics. Statement follows. Relevant documentation is attached (all in Chinese). ...

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