It is expected to bring about unity in regulating personal data protection
With the Industrial revolution 4.0 underway, personal data is has become an extremely valuable asset across various sectors including e-commerce, healthcare, security and education. The high rate of internet usage in Vietnam begs for an effective protection mechanism for personal data. In our previous article on three new important regulations on data protection in the making, we introduced the Vietnamese government plan to build a Decree on Personal Data Protection, creating the foundation of a unified regulation on personal data protection in Vietnam. On 27 December 2019, the Vietnamese Government published a draft proposal, draft outline and policy impact assessment report for this upcoming decree on its website which is open for public comments and opinions.
According to the draft proposal, personal data wrongdoings in Vietnam have become prevalent, posing a serious threat to the safety of the digital economy. The most prominent examples include the leak of 411,000 “Golden Lotus” member accounts by Vietnam Airlines in 2016 and more than 163 million customer accounts by VNG in 2018. Meanwhile, Vietnam’s legislation on personal data protection remains scattered and insufficient to address the situation.
The Ministry of Public Security (“MPS”) draft proposal is based on four main policies, including:
In light of the above policies, the draft decree outlines the following provisions:
The Decree is expected to bring about unity in regulating personal data protection in Vietnam, however concerns are being raised about the cost of compliance.
In comparison to the MPS’s initiative presented in April 2019 and the policy impact assessment report, the draft outline seems to not include the following provisions:
The draft proposal and outline on the protection of personal information has attracted widescale attention from the general public. It is indeed an essential response to the rapid development of information technology and in line with the government’s attention to this area of law. For now, the draft outline only includes limited amount of content with the names of articles. The draft proposal and outline are available for public consultation and MPS will consider relevant comments from the public while moving the draft forward. The MPS is expected to submit to the Government the Draft Decree in 2020.