This law was passed on June 27, 2017 and it came into effect the very next day on June 28, 2017. It gives the Communist Party of China (CPC) sweeping powers to control and mine data from companies under its purview, most of which have an international presence

During the G20 Digital Ministers’ Meet on July 22, India’s Information Technology Minister Ravi Shankar Prasad had said, “Digital economy must go hand in hand with data economy. We need to acknowledge the sovereignty over data. Data must belong to sovereign nations concerned to protect the privacy of its people,”

In the latest move, India has banned 47 more apps that were operating as the clones of the 59 apps that were banned last month. In total, over 250 apps are being monitored by the government and each that poses a threat is being picked and thrown out.

What China’s National Intelligence Law of 2017 entails:

  1. It gives CPC power to monitor and investigate foreign and domestic individuals and institutions
  2. Chinese intelligence agencies can search premises, seize property and mobilize individuals or organizations to carry out espionage
  3. It also gives intelligence agencies legal ground to carry out their work both in and outside China.
  4. Those violating the law will be subject to detention of up to 15 days, and can be charged with a crime as well

Now, the biggest hit for China will be stopping their entry into the 5G sphere in India

Top telecom ministry sources say that many factors seem to dictate the build-up of a 'Great Wall of India' against these companies. The government is collating a lot of information on these companies, including their operations, reports of malpractices as well as evidence of surveillance and snooping, from countries like the US and others.

Speaking to India Today, cyber law expert Pawan Duggar said, “By stopping data stream, it's very clear that India is sending a clear message to China that we will do everything possible in our power and position to not just protect Indian consumers but also the data in order preserve our national interests, security, sovereignty, and integrity".

Chinese companies indulge in data and corporate espionage at the behest of Beijing. This is evident in the most contentious Article 7 of China's National Intelligence Law, 2017, that states: "Any organization or citizen shall support, assist and cooperate with the state intelligence work in accordance with the law, and keep its secrets known to the public. The State protects individuals and organisations that support, assist and cooperate with national intelligence work".

A question that arises is that why would business houses take the Chinese diktats lying down? This is because you don’t bite the hand that feeds you. Every top business honcho or corporate czar in China belongs to the Communist Party of China.

With a population of 1.6 billion people in China, the membership of CPC has swelled up to more than 90 million.

According to reports, the country’s single-party parliament could pass for an elite club of the world’s richest, where about 100 delegates are billionaires.

All the big companies that India intends to block are Chinese party men including Alibaba’s Jack Ma, tech entrepreneurs Pony Ma of Tencent, Robin Li of Baidu and Lei Jun of Xiaomi.

China has made laws with repercussions on its ways of doing business abroad. Unless it changes its ways, the global community is unlikely to allow Chinese snooping through its corporate stooges anymore.

Other Articles of China’s National Intelligence Law of 2017 which pose issues of concern:

Article 11 The state intelligence work institutions shall collect and handle the acts or acts of foreign institutions, organizations and individuals that are implemented or instructed or funded by others, or colluded by domestic and foreign institutions, organizations and individuals to endanger the national security and interests of the People's Republic of China. Relevant information provides information or reference for preventing, stopping and punishing the above actions.

Article 12 The state intelligence work organization may, in accordance with relevant state regulations, establish cooperative relations with relevant individuals and organizations and entrust relevant work.

Article 14 The state intelligence work organization shall carry out intelligence work according to law, and may require relevant organs, organizations and citizens to provide the necessary support, assistance and cooperation.

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