Speaking at the meeting, a representative of the Ministry of Public Security said that currently, many organizations and businesses collect excessive personal data compared to their business lines, products, and services, lack legal basis when collecting personal data according to the provisions of law, and cannot identify data processing flows (how personal data is used, for what purpose, to whom it is transferred, and what impact it has).
Many activities do not require the consent of the data subject (collection and processing of personal data without the consent of the data subject).
This shows that citizens' basic rights to personal data are not guaranteed. Citizens do not know how to protect themselves, how to file lawsuits, protests, and claim compensation for damages when there are acts that violate the law and infringe upon their legitimate rights and interests.
Therefore, the development of the Law on Personal Data Protection is necessary to perfect the legal system on personal data protection in our country, create a legal corridor for this work, and improve the capacity to protect personal data for domestic organizations and individuals to reach international and regional levels.
Discussing at the meeting, regarding the protection of personal data in financial, banking, credit and credit information activities, a representative of the State Bank of Vietnam said that Article 28 of the draft Law uses many specialized terms related to finance and banking but not in accordance with the nature; therefore, the drafting agency needs to review and adjust the terms accordingly.
Concluding the meeting, Deputy Minister of Justice Dang Hoang Oanh said that the scope of personal data protection and protection in the online environment is not enough. Therefore, he suggested that the drafting agency consider adjusting the scope of the draft Law.
In addition, the Deputy Minister also requested the drafting agency to coordinate with the Ministry of Planning and Investment to analyze and thoroughly and comprehensively evaluate the impacts of conditional business lines proposed in the draft Law such as personal data protection organization services; personal data processing services... If necessary, these lines of business must be included in the list of conditional business lines in Appendix 4 of the Investment Law.
In addition, the drafting agency studies cases where personal data can be transferred abroad to avoid affecting the normal operations of individuals and businesses.
