Prevent personal data infringement in time
The majority of National Assembly deputies agreed to develop and promulgate the Law on Personal Data Protection to concretize the Party's guidelines, policies, and viewpoints on national digital transformation, digital economic development, and digital society building to meet the increasingly high demands of international integration. In particular, it is necessary to promptly prevent acts of personal data infringement, collection, attacks, appropriation, and illegal trading of personal data that have occurred in recent times in a very complicated manner.
However, through studying the draft Law, National Assembly Delegate Nguyen Thi Suu (Hue City) suggested that Chapter III and Chapter IV need to be revised and supplemented to demonstrate logic, science and practicality. When promulgated, it must be applied immediately to vivid practice, without arising related problems.
At the same time, comparing with the articles, clauses, points in Chapter III, Chapter IV and Chapter V and the entire draft Law, delegate Nguyen Thi Suu found that "the core content of the core is completely missing", which is personal data.
“Only with personal data can there be protection of personal data in terms of processing, use, exploitation and in related areas such as business or information on social networks... The concept of personal data is stipulated in Clause 1, Article 2 very clearly, that is, personal data is information in the form of written symbols, numbers, images, sounds or similar forms associated with a specific person or helping to identify a specific person, including basic personal data and sensitive personal data”.
Analyzing the above content, delegate Nguyen Thi Suu suggested that it is necessary to add a separate chapter regulating personal data before Chapters III, IV and V.
Consider banning the buying and selling of personal data
Regarding the principle of personal data protection, some provisions on the principle of personal data protection in Article 3 of the draft Law are contradictory and overlapping, such as Clause 1 stipulates that "personal data is processed publicly and transparently", but Clause 5 stipulates that "personal data is subject to protection and security measures during processing"; or the provision in Clause 1 on "data subjects are informed about activities related to the processing of their personal data" overlaps with the provision in Clause 1, Article 8 on the rights of data subjects.
Stating this, National Assembly Deputy Duong Khac Mai (Dak Nong) suggested that it is necessary to review the provisions in this Article, ensuring that these are general principles that are consistent throughout the entire draft Law.
Commenting on prohibited acts (Article 7), delegate Duong Khac Mai suggested that it is necessary to clarify whether the prohibition of buying and selling data also prohibits the act of giving or donating?
The data that organizations and enterprises collect from personal data subjects is processed data. Meanwhile, according to the provisions of Clause 8, Article 2 of the draft Law, "Processing personal data is one or more activities affecting personal data, such as: collecting, recording, analyzing, confirming, storing, editing, publicizing, disclosing, combining, accessing, retrieving, recalling, encoding, decoding, copying, sharing, transmitting, providing, transferring, deleting, destroying personal data or other related actions", so at this time, the data collected by enterprises and organizations is a collection of data from many personal data subjects and the costs of enterprises and organizations for personal data processing activities. Therefore, the ban on buying and selling personal data needs to be considered, delegate Duong Khac Mai clearly stated.
Concluding the discussion, Vice Chairman of the National Assembly Tran Quang Phuong suggested that it is necessary to clarify the political, legal and practical bases directly related to personal data protection. Add a report assessing the impact on the budget and costs of law compliance, especially new policies and outstanding policies related to Resolution 57-NQ/TW on science, technology, innovation and digital transformation.
At the same time, continue to research and carefully review relevant legal documents, international treaties to which Vietnam is a member, and emerging practical issues to provide consistent regulations that are compatible with international treaties, selectively absorb international experience, and be feasible. In particular, international experience is to ensure a balance between privacy protection and socio-economic development, and have strict sanctions to deter.
Strengthening people's personal rights, such as the right to control personal data, restricting or transferring personal data across borders to avoid the risk of data leakage...
The Vice Chairman of the National Assembly proposed that the Government direct the drafting agency to closely coordinate with the Standing Committee of the National Defense, Security and Foreign Affairs Committee to absorb the conclusions of the National Assembly Standing Committee, the content of the review of the National Defense, Security and Foreign Affairs Committee and the opinions of National Assembly deputies at the Conference, promptly complete the draft Law, supplement the quality assurance dossier to send to the agency in charge of the review to organize the official review and submit to the National Assembly for discussion, comments, and consideration and approval at the upcoming Ninth Session, if eligible.
+ Previously, under the direction of Vice Chairwoman of the National Assembly Nguyen Thi Thanh, National Assembly deputies gave their opinions on the draft Law amending and supplementing a number of articles of the Law on Advertising.
Vice Chairwoman of the National Assembly Nguyen Thi Thanh stated that the draft Law amending and supplementing a number of articles of the Law on Advertising is highly topical, with elements that anticipate changes in the advertising sector, especially in the coming time when shifting to a digital society, strongly applying information technology, artificial intelligence, etc.
The Vice Chairman of the National Assembly suggested that the Ministry of Culture, Sports and Tourism complete the dossier, report to the Government for official comments and send the official dossier to the National Assembly Standing Committee so that the Committee on Culture and Social Affairs can complete the dossier for examination and submission to the National Assembly at the upcoming 9th Session. The Ministry of Culture, Sports and Tourism and the Committee on Culture and Social Affairs will continue to research and review, especially issues related to state management of advertising to avoid arising problems, the Vice Chairman of the National Assembly noted.
Source: https://daibieunhandan.vn/cam-mua-ban-du-lieu-thi-co-cam-hanh-vi-tang-cho-hay-khong-post408433.html
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