Minister of Public Security Luong Tam Quang - Photo: National Assembly Media
On October 14, the National Assembly Standing Committee gave opinions on the draft Law on Personal Data Protection.
Proposed regulations on data transfer abroad
Notably, the bill has provisions on transferring data abroad to foreign organizations and individuals.
Accordingly, activities of providing and transferring data abroad to foreign organizations and individuals must ensure the protection of the legitimate rights and interests of data subjects, and the protection of security, national defense, national interests and public interests.
Data classified as core data, important data that needs to be provided and transferred outside Vietnam's borders to foreign organizations and individuals must be assessed for impact and approved by competent authorities.
For personal data, follow the provisions of the law on personal data protection.
According to the bill, the Prime Minister decides on the provision and transfer of core data.
The Ministry of National Defense shall take the lead in identifying, assessing the impact and deciding on the provision and transfer of important data in the military, defense and cryptographic fields.
The Ministry of Public Security shall preside over and coordinate with relevant agencies to conduct an impact assessment of the transfer of important data not related to military or national defense...
The impact assessment focuses on the risks that data provision and transfer activities may pose to national security, defense and interests, public interests, and the legitimate rights and interests of individuals and organizations.
The bill also requires an assessment of the risk that data will be tampered with, destroyed, leaked, lost, transferred or illegally collected or used during or after the data is transferred...
Examining this content, Chairman of the National Defense and Security Committee Le Tan Toi said that the opinion is that this is new content compared to the policies proposed for law making, but the submission has not clarified the necessity of this provision.
In the context of strong globalization and digital transformation, the increasing cross-border data flow requires a clear legal framework for management.
According to Mr. Toi, the regulation of transferring data abroad needs to be considered to protect the legitimate rights and interests of people related to the personal data of Vietnamese citizens.
At the same time, it is necessary to clearly identify the types of important data that are prohibited or restricted from being transferred abroad, regulations on storing copies of important data in Vietnam, and retrieving and controlling data once transferred.
Along with that is the responsibility for compensation when data incidents occur, regulations on the authority of agencies in deciding on data transfer, compliance with regulations on data assessment to avoid overlap in management.
Detailed regulation from the beginning is not feasible.
Chairman of the Committee for Science, Technology and Environment Le Quang Huy expressed his agreement with this regulation, but he asked the drafting agency to clarify the content of cross-border data exchange, especially in terms of state management and international cooperation.
According to him, this content will promote data flow, help Vietnamese businesses access markets, supply chains and expand financial resources. This is also a way to be transparent, fight money laundering and corruption.
This data exchange must ensure digital sovereignty and regulations for Vietnamese digital data to maximally protect the country's interests as well as international agreements.
Explaining later, Minister of Public Security Luong Tam Quang said that the agencies will continue to review and perfect regulations on transferring data abroad to ensure consistency with the Law on Personal Data Protection.
He said that due to the complex and rapidly changing nature of the digital environment, it was not feasible to prescribe details at the outset.
Therefore, according to the minister, the bill will give the Government the authority to issue specific guiding decrees, to ensure that regulations are always consistent with practice and meet digital transformation requirements.
Source: https://tuoitre.vn/de-xuat-bo-cong-an-danh-gia-tac-dong-chuyen-du-lieu-ra-nuoc-ngoai-20241014193805003.htm
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