DNVN - According to the draft Data Law, transferring data abroad will have to undergo an impact assessment process by competent authorities, to ensure national security and national interests.
On the afternoon of October 14, at the meeting of the National Assembly Standing Committee, seeking opinions on the draft Law on Data, Minister of Public Security Luong Tam Quang said that the draft proposes strict control over the transfer of data abroad. Accordingly, all data transferred out of Vietnam's borders will need to be assessed for impact and licensed by competent authorities, especially for personal data, which must comply with the provisions of the Law on Personal Data Protection.
Minister of Public Security Luong Tam Quang presented a report on the draft Law on Data.
The draft regulation stipulates that the Prime Minister will have the authority to decide on the provision and transfer of core national data. For data related to the military, defense and cryptographic fields, the Ministry of Defense will preside over the assessment and decision on the transfer. For other important data, not related to military or defense, the Ministry of Public Security will coordinate with relevant agencies to assess the impact and make a decision.
The head of the Ministry of Public Security said that the assessment of the impact of the data transfer process will focus on factors such as the level of potential risks to national security, the rights of individuals, organizations, and the interests of the community. In addition, the authorities will assess the legality, purpose of the transfer, the scale of the data, and measures to protect the data once transferred abroad, to ensure that the data is not leaked, destroyed, or used illegally.
Chairman of the National Defense and Security Committee Le Tan Toi, representing the review agency, said that this is new content but the draft has not clarified the necessity of this regulation in the context of globalization and digital transformation taking place strongly. Mr. Toi emphasized that there needs to be a clear legal framework to manage cross-border data flows, while protecting the legitimate rights and interests of people related to personal data.
In addition, the representative of the National Defense Committee suggested that the drafting agency should clearly define the types of important data that are prohibited or restricted from being transferred abroad, regulate the storage of data copies in Vietnam and the retrieval of data once transferred. The Ministry of Public Security should also study the responsibility for compensation when data incidents occur and the authority to decide on the transfer should also be clarified to avoid overlap in management.
Chairman of the Science and Technology Committee Le Quang Huy agreed with the provisions in the draft but emphasized the need to clarify the content of cross-border data exchange, especially in terms of State management and international cooperation. Mr. Huy said that data transfer will promote data flow, helping Vietnamese enterprises expand their markets and access financial resources. However, it is necessary to ensure digital sovereignty and national interests in this international cooperation process.
Explaining to the National Assembly Standing Committee, Minister Luong Tam Quang said that the provisions in the draft will continue to be reviewed and improved to ensure compliance with the Law on Personal Data Protection. Due to the complex and rapidly changing nature of the digital environment, detailed regulations from the beginning are not feasible. Therefore, the draft law will give the Government the authority to issue detailed guiding decrees, ensuring flexibility and suitability to reality.
Long Van
Source: https://doanhnghiepvn.vn/chuyen-doi-so/bo-cong-an-de-xuat-siet-viec-chuyen-du-lieu-ra-nuoc-ngoai/20241014105139232
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