Continuing the 9th session, on the afternoon of December 12, the National Assembly discussed the Group on the Law on Personal Data Protection Law; The Law on the Law amending and supplementing a number of articles of the Civil Procedure Code, the Law on Administrative Procedure, the Judicial Law Law, the Bankruptcy Law and the Law on Mediation and Dialogue at the Court; The Law on the Law amending and supplementing a number of articles of the Law on Election of National Assembly deputies and People's Council deputies ...
Developing a draft Law on Personal Data Protection is urgent
Regarding the draft Law on Personal Data Protection, speaking in Group 13, Senior Lieutenant General Tran Quoc To - Deputy Minister of Public Security (Bac Ninh Provincial National Assembly) assessed that the development of the draft law comes from current practical requirements, when personal data is identified as an important resource in socio-economic development, in innovation and service of security and order.
According to preliminary calculations by the Ministry of Public Security, there are currently about 68 legal documents directly related to personal data protection in our country's legal system. The implementation of these laws has revealed many shortcomings, requiring adjustment and amendment.
In particular, Deputy Minister Tran Quoc To emphasized that there are currently no criminal sanctions for regulating violations of personal data protection, such as buying and selling personal data. At the same time, there are no sanctions for administrative violations of personal data protection.
"In fact, in recent times, many organizations and businesses have collected " excess" personal data compared to their business lines, products and services. Activities of collecting and processing personal data of organizations, individuals and bad actors without the consent of the data subject have seriously violated the legitimate rights and interests of citizens.
In the context of widespread digital transformation, the disclosure and loss of personal data is common during the process of transferring, storing, exchanging for business activities or due to inappropriate protection measures, leading to being misappropriated and posted publicly or used for purposes of violating the law such as fraud, gambling, slander, and humiliating others," Deputy Minister Tran Quoc To stated.
Deputy Minister Tran Quoc To also said that currently, the buying and selling of personal data takes place in many forms, causing great damage to the economy and reputation of businesses, organizations and individuals.
On the other hand, Vietnam is stepping up the construction of e-Government, towards digital government, a digital economy with increasingly extensive participation in all areas of digital data.
In this context, personal data has become the main raw material for the activities of industries and services and is increasingly taking up important positions in the overall sector, creating profit values in the national economy.
The above practice has created an urgent need to perfect the law on personal data protection.
Creating a synchronous legal framework in current regulations
The Deputy Minister of Public Security said that the unification of the adjustment of issues related to personal data protection in the draft Law will create a synchronous legal corridor, resolving scattered limitations and lack of consistency in current regulations.
At the same time, the scope of regulation of the law on personal data protection in both the traditional environment ( Documents, records, documents, ...) and the electronic environment is very necessary, in accordance with reality and to protect the legitimate rights and interests of data subjects.
"If only the electronic environment is regulated, it will create legal loopholes and loopholes for subjects to take advantage of to commit personal data violations," Deputy Minister Tran Quoc To stated.
The Deputy Minister of Public Security also suggested continuing to review and revise regulations on cross-border data transfers, ensuring suitability, unity, international compatibility and ensuring ease of understanding, easy to apply, and no barriers to administrative procedures.
In addition, to ensure State management, mobilize resources to protect personal data, assign protection responsibilities in accordance with the role of each force, reduce the burden on state agencies, increase proactiveness and increase the effectiveness and efficiency of personal data protection, the draft Law stipulates that specialized agencies and specialized forces on personal data protection are necessary and appropriate.
