On the afternoon of October 14, the National Assembly Standing Committee gave its first opinion on the draft Data Law.
Presenting the Government's report, Minister of Public Security Luong Tam Quang said that the development of the Data Law project aims to create unity, synchronization, and effective use of data to serve state management and socio-economic development; serve the development of digital government...
Ministry of Public Security assesses the impact
One of the notable contents of the bill is the regulation on transferring data abroad to foreign organizations and individuals.
The draft law clearly stipulates: 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 and 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, comply with the provisions of the law on personal data protection.
The bill clearly stipulates that 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 assess the impact of transferring important data (except for important data in the military, defense, and cryptographic fields).
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.
Data exchange must ensure digital sovereignty
Examining this content, Chairman of the National Defense and Security Committee Le Tan Toi said that there were opinions that this was new content but the submission did not clarify the necessity of this regulation.
“In the context of globalization and strong digital transformation, the increasing cross-border data flow requires a clear legal framework for management. Regulations on data transfer abroad need to be considered to protect the legitimate rights and interests of people related to the personal data of Vietnamese citizens," Mr. Toi emphasized.
The bill needs to clearly define the types of important data that are prohibited or restricted from being transferred abroad, regulate the storage of copies of important data in Vietnam, and access and control of data once transferred.
At the same time, it is necessary to clearly define the responsibility for compensation when data incidents occur, regulate the authority of agencies in deciding to transfer data, and comply with regulations on data assessment to avoid overlap in management.
Chairman of the Science and Technology Committee Le Quang Huy requested the drafting agency to clarify the content of cross-border data exchange, especially in terms of state management and international cooperation.
This content will promote data flow, help Vietnamese businesses access markets, supply chains and expand financial resources. This is also a way to create transparency, combat money laundering and corruption.
However, Mr. Huy noted that data exchange must ensure digital sovereignty and regulations for Vietnamese digital data to maximally protect the interests of our country and international agreements.
Accepting the comments, the Minister of Public Security said that the drafting agency will review and revise to ensure consistency and consistency with the Law on Personal Data Protection. At the same time, it will add regulations assigning the Government to detail the process and related contents.
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Source: https://vietnamnet.vn/minh-bach-hoa-trao-doi-du-lieu-xuyen-bien-gioi-de-chong-hoat-dong-rua-tien-2331837.html
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