Hong Kong Amends Security Law for Device Password Access

Hong Kong authorities have enacted new amendments to the national security law, granting police the authority to compel suspects to provide passwords or decryption methods for electronic devices during investigations. The changes, gazetted on Monday and effective immediately, aim to bolster enforcement against threats to national security but have drawn criticism for potentially undermining privacy rights.

Under the revised implementation rules of the 2020 national security law, imposed by Beijing following widespread pro-democracy protests the previous year, police officers at or above the rank of assistant commissioner, or those with magistrate warrants, can require individuals under investigation to disclose access to phones, computers, or other equipment believed to contain relevant evidence. This obligation extends to anyone who owns, possesses, controls, or has authorized access to the device, as well as those who know the password or decryption method. Refusal to comply carries a penalty of up to one year in prison and a fine of HK$100,000 (about $12,800). Providing false or misleading information could result in up to three years imprisonment and a fine of HK$500,000.