Supreme People's Court, Supreme People's Procuratorate and Ministry of Public Security, Provisions on Several Issues Concerning the Gathering, Accessing, Review and Determination of Electronic Data in the Handling of Criminal Cases

(1) information posted on online platforms such as web pages, blogs, microblogs, circles of friends, Tieba and cloud storage;

(2) communications information provided through an online application service such as mobile short messages, e-mail messages, real-time communications and distribution lists;

(3) user registration information, identity authentication information, electronic transaction records, communications records, logon logs and other such information; and

(4) files, graphics, audios, videos, digital certificates, computer programs and other such electronic documents (Article 1).

Main contents: Subject to the approval of the officer in charge of the public security authority or of the chief procurator at the county level or above, electronic data may be frozen if:

(1) there is a large volume of data and it is impossible or impracticable to access;

(2) the time required for accessing the same would be long, potentially resulting in its being altered, damaged or lost;

(3) the electronic data could be viewed more directly through a display on an online application (Article 11).

When electronic data is to be frozen, a freeze assistance notice indicating information such as the online application account number of the electronic data to be frozen shall be prepared and sent to the holder of the electronic data, the online service provider or the relevant department requesting its assistance (Article 12).

When electronic data is to be taken, an evidence taking notice indicating relevant information on the electronic data that need to be taken shall be prepared and sent to the holder of the electronic data, the online service provider or the relevant department for implementation (Article 13).

Promulgated: September 9 2016

Effective: November 1 2016

Applicability: Electronic data are data that arise in the course of the occurrence of a case, that are stored, processed and transmitted in digital form and that can support the facts in the case.

Electronic data include but are not limited to the following information and electronic documents:

(1) information posted on online platforms such as web pages, blogs, microblogs, circles of friends, Tieba and cloud storage;

(2) communications information provided through an online application service such as mobile short messages, e-mail messages, real-time communications and distribution lists;

(3) user registration information, identity authentication information, electronic transaction records, communications records, logon logs and other such information; and

(4) files, graphics, audios, videos, digital certificates, computer programs and other such electronic documents (Article 1).

Main contents: Subject to the approval of the officer in charge of the public security authority or of the chief procurator at the county level or above, electronic data may be frozen if:

(1) there is a large volume of data and it is impossible or impracticable to access;

(2) the time required for accessing the same would be long, potentially resulting in its being altered, damaged or lost;

(3) the electronic data could be viewed more directly through a display on an online application (Article 11).

When electronic data is to be frozen, a freeze assistance notice indicating information such as the online application account number of the electronic data to be frozen shall be prepared and sent to the holder of the electronic data, the online service provider or the relevant department requesting its assistance (Article 12).

When electronic data is to be taken, an evidence taking notice indicating relevant information on the electronic data that need to be taken shall be prepared and sent to the holder of the electronic data, the online service provider or the relevant department for implementation (Article 13).