Hong Kong’s New Law: Are Your Smartphone Passwords Safe? Key Changes Explained

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Hong Kong authorities adopted rules requiring residents—and even travelers transiting through the city—to hand police the passwords for electronic devices such as smartphones and laptops. The measure prompted objections from the U.S. Consulate, and the U.S. consul general was subsequently summoned.

On the 29th, the South China Morning Post reported that Hong Kong officials on the 23rd issued implementing rules under the National Security Law that allow investigators to demand passwords for suspects’ electronic devices, including smartphones, during national security probes.

Article 23 of the Basic Law refers to legislation Beijing pushed following the 2014 pro-democracy protests, using the unrest as justification to empower Hong Kong authorities to punish acts they deem threats to national security. Hong Kong’s Legislative Council passed related legislation in March 2024.

The amendment permits authorities to demand passwords from foreign residents and visitors and gives customs officers the power to seize items they judge to be contrary to national security or intended to incite. It also broadens the government’s authority to order online platforms to remove posts that appear to threaten national security.

Failure to comply with a password demand can result in up to one year in prison and a fine of HK$100,000 (about 19,200,000 KRW, about US$12,672).

The SCMP said the rules have generated growing concern among foreign residents and visitors to Hong Kong, and the U.S. Consulate in Hong Kong publicly voiced objections.

The U.S. Consulate issued a security alert to U.S. citizens immediately after the rules took effect, warning that U.S. citizens living in Hong Kong or transiting through its airports could face sudden seizure of electronic devices.

In response, Beijing summoned U.S. Consul General Julie Ide over the consulate’s security alert. The Hong Kong government defended the measure, saying police would not carry out arbitrary on‑the‑street checks of citizens’ devices and that searches would require a judicial warrant.