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from Part III - Collecting Digital Evidence and the Role of Service Providers
Published online by Cambridge University Press: 02 January 2025
Chapter 17 discusses China’s Criminal Procedure Law, which provides a general cooperation obligation for all relevant entities, including service providers. As collecting data from service providers has become increasingly important in criminal investigations, the past decade has witnessed a certain number of laws, regulations and explanatory documents adopted to specify service providers’ cooperation obligations. This chapter systematically studies these provisions and summarizes the rich content of service providers’ cooperation obligations relating to collection of historical and real-time data in criminal investigations as well as in their daily operation. It also discusses future improvements to the current legislations, namely more protection of sensitive data, due process in evidence collection and criminal liability for service providers when cooperation obligations cannot be fulfilled. Based on China’s position of respecting data sovereignty, China requires data to be stored locally. Foreign LEAs can obtain data from Chinese service providers only via mutual legal assistance, and service providers in China are prohibited from providing data directly to foreign LEAs.
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