A revised state secrets law has come into force in China, prompting Taiwan to warn its citizens against travelling to China and rattling foreign companies amid fears the legislation could be used to punish regular business activities. The changes come as President Xi Jinping’s government steps up the focus on national security.

Beijing

China has implemented a revised state secrets law that broadens the scope of information considered to be protected under the category of state secrets. The changes to the Law on the Guarding of State Secrets encompass not only traditional areas such as Communist Party decision-making, military and diplomatic activities, and economic and scientific development but now also work secrets or sensitive information whose disclosure could lead to adverse effects. This amendment, as reported by state media, aims to enhance the safeguarding of high-tech data and intellectual property.

The government's initiative is part of a broader national security effort by President Xi Jinping’s administration, which has seen the passage or amendment of more than 20 security-related laws. These measures have been positioned as necessary for the protection against foreign espionage and to encourage vigilance among institutions, companies, and non-governmental organizations (NGOs) regarding potential spy activities. According to some analysts, the revision promotes heightened awareness and responsibility among citizens and entities to protect state secrets.

However, the expansion of the law has prompted concerns from foreign businesses operating in China, who argue that the new provisions are vague and contribute to legal uncertainties. They express difficulties in navigating the operational landscape, as the lack of clarity around the law's application forces companies to proceed with caution, potentially hindering their ability to make informed business decisions. In the past, several foreign firms have been subjected to national security raids, further indicating the challenges posed by the tightened regulations.

The adjustment in legislation also comes at a time of growing geopolitical tensions between China, the United States, and their allies. Beijing is faced with the challenge of securing its national interests and data, while also maintaining an environment conducive to international business and investment. The reforms thus reflect China's efforts to strike a balance between enhancing national security measures and remaining a key player in the global economy.



China reforms tighten government control over tech data

China has expanded the scope of its state secrets law. Previously, this covered Communist Party decision-making, military and diplomatic activities, as well as economic and scientific development. State media report the amendment now includes work secrets or sensitive information that causes certain adverse effects if leaked. The government says it will improve the protection of high-tech data and intellectual property. Some analysts say the change raises awareness about the threat of foreign espionage. Everyone has the duty to be on full alert, to raise the red flag if they see any sign of unusualness. And the state secret law now also empowers institutions, companies, NGOs of all kinds to be vigilant against spies. National security has been a focus of President Xi Jinping's time in office. More than 20 security-related laws have been passed or revised in recent years. But some foreign businesses operating here have raised concerns, saying the expanded law is too vague and creates legal uncertainties. What these laws do in effect, partly because it's just a complete lack of clarity about where the red lines are, it's asking companies to continue to invest and to do business while blocking their eyes and covering their ears and eliminating their ability to obtain the information that they need to make sound business decisions. So it's a problem. Last year, several foreign firms were targeted in national security raids. The Ministry of State Security has released a video campaign warning against the growing threat of foreign, especially Western, spies. In July, the CIA director William Burns said the American spy agency was making progress in rebuilding its networks in China. Beijing's focus on national security follows rising geopolitical tensions with the United States and its allies. China's leaders must balance efforts to protect the country against foreign threats while remaining open to international business and investment. Katrina Yu, Al Jazeera, Beijing.

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