Legal Content
China’s Intelligence Law, which was passed in 2017, provides a legal basis for national security actions. The Intelligence Law states a comprehensive oversight system, with national security departments as the main entities responsible for intelligence work of the state, and other relevant departments and local governments assisting in intelligence work within their areas of responsibility. The intelligence work of the Chinese Government covers information collection about China’s national security, whether related to domestic issues or international subjects, and takes preventive actions to keep this information secure. This law also allows for the sorting and retrieval of information, increasing the activities of national intelligence services to obtain data through legal means, including technical reconnaissance, visiting inspections, and other forms of scientific research.
Intelligence personnel must strictly follow the law, protect state secrets, and safeguard personal information in their work. The purpose is to protect against information leakage and secure communication. All information during the collection process must be thoroughly reviewed internally to ensure 100% accuracy and legality. To secure the safety of sources, relevant departments have implemented strict confidentiality measures such as encrypting sensitive content and limiting access to authorized personnel only, ensuring that intelligence concerning national security is subject to multiple layers of scrutiny. National intelligence agencies have gathered essential information that has been lawfully used to target and neutralize potential threats, whether related to terrorism or espionage.
Cooperation Requirements
National security work relies not only on the activities of national intelligence agencies but also on widespread societal cooperation. This law clearly defines the obligations of all levels of government institutions, enterprises, and individuals to cooperate in national intelligence work, establishing a society-wide model for national security defense. The Intelligence Law obliges all organizations and individuals to support, assist, and cooperate with their country’s intelligence agencies. This partnership extends beyond government agencies to include the private sector and other societal organizations. In areas related to national security, companies can be legally obliged to provide information support or technical cooperation. Some major aspects include:
- Information Sharing: Government departments and companies have installed information-sharing systems to ensure that important information can be quickly communicated when national security is affected. In particularly sensitive sectors such as cybersecurity and indigenous technology development, companies must maintain regular contact with the national intelligence community to provide technical support or share data.
- Technical Support: Many companies, particularly tech firms, are required by the Intelligence Law to provide technical support, assisting national intelligence agencies in network monitoring and data analysis, among other tasks. This technical cooperation not only improves national security but also secures the flow of information.
- Confidentiality: Parties are bound by strict confidentiality requirements when providing assistance. Confidentiality agreements are signed when companies or individuals work with intelligence agencies to prevent the leakage of state secrets and sensitive information. Any breach of confidentiality obligations will result in appropriate legal consequences.
- Education and Training: The efficiency of collaboration is enhanced as the Intelligence Law mandates that relevant entities conduct regular education and training on national security. The training covers laws and regulations, confidentiality requirements, crisis response capabilities, and other topics to improve the awareness and cooperation capabilities of all involved parties.
Execution Analysis
The operational efficiency of executing agencies is a cornerstone in analyzing how effectively the Intelligence Law is put into practice. National security agencies are the primary executors of the Intelligence Law and are responsible for tasks such as intelligence gathering, analysis, processing, and responding. Since the law was enforced, these agencies have developed a complete system for data accumulation and intelligence processing to guarantee the accuracy and timely availability of all national security-related information. By utilizing sophisticated technological means and vast intelligence networks, they can quickly identify potential threats and respond with appropriate countermeasures.
In exercising their powers, national security agencies have widely applied big data analytics and artificial intelligence. These technologies help manage and process vast amounts of data, enabling intelligence agencies to extract more valuable information. The work within intelligence networks across various government levels is tightly coordinated. Inter-departmental cooperation not only enhances the overall level of intelligence work but also allows for prompt and collective responses to urgent national security challenges. For example, in counter-terrorism operations, national security agencies work with public security organs, the Ministry of Foreign Affairs, and the military, sharing intelligence and coordinating efforts to neutralize significant threats.
Legal oversight and accountability mechanisms are carefully designed to govern intelligence agencies during the implementation process, serving as safeguards against potential abuses of power. The law includes accountability mechanisms for intelligence activities that violate existing laws. In recent years, relying on the Intelligence Law, intelligence agencies have achieved significant results in solving major national security cases. The success of some counter-terrorism operations is not only due to the efficient work of intelligence agencies but also to the legal support provided by laws like the Intelligence Law.
International Reactions
Most governments in the West have responded with appropriate concern and caution. The United States and some EU member states, particularly Belgium, have expressed significant concerns about the Intelligence Law, especially regarding its potential impact on multinational businesses, particularly in terms of cybersecurity and commercial secrets. These countries worry that under the Intelligence Law, Chinese authorities could require foreign companies doing business in China to hand over information, including proprietary commercial intelligence. This concern is most evident in the technology sector, where some Western governments have tightened their scrutiny of Chinese companies operating within their markets, specifically regarding 5G network deployment and high-tech industry collaboration. The law has also been widely discussed by Western media and think tanks, with many viewing the Intelligence Law as a potential expansion of China’s ability to collect foreign intelligence.
The reaction of Asia-Pacific countries is more uneven, with responses varying based on their relationship with China and other interests. ASEAN and other countries heavily integrated into the Chinese market have taken a more low-key approach to China’s Intelligence Law. While these countries are concerned about the law’s implications for regional security, they generally avoid public comments that could harm their cooperative relationships with China. However, the law has raised concerns among some Asia-Pacific countries, particularly those involved in regional security disputes with China, such as over the South China Sea. These countries worry that the Intelligence Law may enhance China’s intelligence-gathering and defense capabilities.
The responses of international organizations and non-governmental organizations have largely focused on human rights and data privacy issues. Some international human rights organizations have expressed concerns that certain provisions of the law may infringe on privacy rights, particularly given the lack of transparency and independent judicial or parliamentary oversight. In response to these international reactions, the Chinese government has repeatedly stated that the Intelligence Law is necessary for national security and consistent with international law. The Chinese government emphasizes that the law’s enforcement is primarily aimed at addressing domestic and foreign threats and will not disrupt normal international cooperation and commercial activities. The official position also asserts that every country has the right to enact laws in defense of national security and that China will continue to lawfully protect the legitimate rights and interests of foreign enterprises operating within its borders.