Accepting the invitation from Metlife, the world leading insurance company, Lawyer Pham Duy Khuong has presented Personal Data Protection Law in Vietnam. Personal Data has always been fundamental, which shall become much more important after the decree take effect in Vietnam.
This is the Webinar about Personal Data Protection Law between Lawyer Pham Duy Khuong and Metlife.
Personal Data Protection all over the world
According to lawyer Pham, Personal Data has been quite well-established on the world due to its importance. The European Union is the first region that established the Act of Personal Data Protection in the 1981, which has been the core of many other region’s regulations as well.
Other countries have regulations about Personal Data Protection include Malaysia, China, Singapore, Japan, South Korea, …
Personal Data Protection Law in Vietnam
However, in Vietnam, Lawyer Pham stated, Personal Data Protection has not yet been well-established. There are many flaws in the Personal Data Protection regulations. For instance, Personal Data’s definition in Vietnam scattered throughout various legal documents. Thus, there is no unification, and these definitions can easily conflict with each other. The same situation can be said about Vietnam regulations about Personal Data Protection.
Besides, there are other flaws such as: only regulates Personal Data on the cyberspace; obsolete, not include new identification technologies like biometrics, facial recognition; regulations hardly applicable in daily life situation; the administrative fine is low; …
However, Vietnam has released a draft decree on Personal Data Protection earlier this year, Lawyer Pham claimed.
Draft decree on personal data protection in Vietnam
According to Lawyer Pham, this Decree has been drafted by Vietnam Ministry of Public Security on February 2021; this Decree is expected to be in effect starting from December 1st, 2021.
This Draft Decree provides a clear definition about Personal Data as well as specific the object in this field; for example: full name, date of birth, identification number, blood type, education level, …
The Ministry of Public Security also divides Personal Data into 2 groups: Basic Personal Data and Sensitive Personal Data. Basic data should include name, age, identification number, contacts, …; while Sensitive data evolving around bank accounts, sexual orientation, criminal records, location, biometrics, … hence the name.
The Decree also provides a much higher administrative fine, which should be deterrent to infringers. New regulations on Cross-Border Transfer of Data also are included, which should be beneficial to Vietnam citizen who lives and works abroad.
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