Using KakaoTalk in China could lead to arrest… avoid arguments, seek consular assistance

2024.06.27. The Fair Economy — The National Intelligence Service warned on the 27th that Chinese public security agencies could conduct random checks on Korean nationals who are long-term residents, as well as short-term business travelers and tourists.

China's Ministry of State Security announced on April 26 regulations including the 'Provisions on Safety Administration Enforcement Procedures for State Security Agencies' and the 'Provisions on Criminal Case Handling Procedures for State Security Agencies,' which codify the authority to conduct random inspections of electronic devices such as mobile phones and laptops.

Under the safety administration enforcement procedures, effective July 1, Chinese public security agencies such as the Ministry of State Security may inspect the bodies, belongings, and locations of 'all persons, domestic or foreign' deemed to pose a risk to national security (Article 52); investigate and collect evidence such as audiovisual materials and electronic data (Article 20); and impose immediate administrative penalties, including detention and fines, at the scene of inspection (Article 108).

In other words, if Chinese authorities determine that Korean nationals residing in China pose a risk to national security, the likelihood has increased that they will unilaterally collect sensitive personal information such as chat logs, email records, photos, and login histories, and impose physical or economic penalties such as detention and fines.

Using unauthorized virtual private networks (VPNs) to openly access services banned in China, such as Facebook, Instagram, and KakaoTalk, could make one a target for random checks.

In December last year, China's Ministry of State Security announced a policy to crack down on and punish those who assert or spread claims such as 'China's economic decline,' 'exclusion of foreign capital,' and 'suppression of private enterprises.'

Therefore, caution is also needed regarding messages and photos stored on smartphones and laptops.

The NIS advised South Korean nationals, including overseas Koreans residing in China, business travelers, and tourists, to pay special attention to the following precautions: ▲refrain from mentioning sensitive topics such as Chinese leaders, ethnic minority human rights, and the Taiwan issue ▲do not photograph security facilities (military, ports, etc.) ▲be cautious about religious activities such as missionary work and proselytizing in China ▲do not visit or photograph protest sites ▲refrain from using social media such as KakaoTalk and Facebook via VPN ▲and verify the identification and inspection notice of Chinese law enforcement officers.

It also emphasized that if subjected to a random check, one should avoid arguing with Chinese law enforcement officers and immediately contact the Ministry of Foreign Affairs' Consular Call Center (+82-2-3210-0404), the Embassy of the Republic of Korea in China (+86-186-1173-0089), or the consulate general in the region of residence to receive consular assistance.

An NIS official said, "We will do our best to monitor policy changes in foreign countries and inform our citizens early to prevent them from suffering damage or disadvantages."