When to make private life and personal life public?
Báo Dân trí•08/11/2024
(Dan Tri) - National Assembly delegates proposed clarifying the concept of privacy and considering regulations related to this issue when giving opinions on the draft Law on Data.
Discussing the draft Law on Data on the morning of November 8, delegate Tran Van Tien (Vinh Phuc) said that regarding data disclosure, the draft Law stipulates that data that is conditionally disclosed includes data related to private life secrets, and personal life secrets are disclosed in cases where the person agrees. In addition, data related to family secrets are disclosed in cases where family members agree. The delegate suggested clarifying what is considered a private life secret, and considering regulations on private life secrets. Delegate Tran Van Tien (Photo: NA). According to Mr. Tien, current laws only regulate private life, personal secrets, and family secrets. Specifically, the Constitution stipulates that everyone has the inviolable right to private life, personal secrets, family secrets, and the right to protect their honor and reputation. Information about private life, personal secrets, and family secrets is guaranteed by law. In addition, the Penal Code also stipulates that private life, personal secrets, and family secrets are inviolable and protected by law. Therefore, the collection, storage, and public use of information related to private life and personal secrets must have the consent of that person. Therefore, the delegate suggested that this issue should be reviewed to ensure consistency with the Constitution and current regulations. Delegate Huynh Thi Phuc (Photo: NA). Also discussing this provision in the draft Law, delegate Huynh Thi Phuc (Ba Ria - Vung Tau) said that the above provision is necessary, helping to ensure that data is widely used, effectively applied and used for socio-economic development activities. However, the delegate hopes that the Drafting Committee and the reviewing agency will clarify the difference between the content of this article and the integration of personal information with information belonging to organizations and individuals that must be kept confidential. The delegate believes that in the process of drafting the law, when the issues are clarified, it will create consensus among organizations and individuals as well as the people to support and better implement the law when it is promulgated. To ensure the rights and legitimate interests of document owners and data subjects, the delegate proposed to clearly stipulate that open data subjects must be made public so that organizations, agencies and individuals can easily access, exploit and use them. To ensure compatibility and limit access rights, Ms. Phuc said that it is necessary to clearly define the contents that restrict access rights and the subjects that must implement the corresponding levels of access to the contents. In addition, to ensure compatibility between the Data Law and the Law on Access to Information in relation to the regulations on data disclosure, Ms. Phuc also suggested continuing to review and adjust the draft law accordingly, for specific contents, it should be adjusted in the direction of assigning the Government to regulate. Specifically, according to Ms. Phuc, contents such as the form of data disclosure, time of data disclosure, related contents and other detailed contents are under the authority of the Government to regulate.
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