5 cases of using personal data without the subject's consent

The Government has just issued Resolution No. 13/NQ-CP approving the dossier for drafting a Decree on personal data protection. Accordingly, the Government has decided to agree to regulate that personal data can be processed without the consent of the data subject in some cases.

5 cases of personal data use include:

The first, use data to protect the life, health of the data subject or other people in an emergency. The personal data controller, personal data processor, personal data controller and processor, and third party have the responsibility to prove this case.

Monday, the use of personal data without the consent of the data subject also applies in the case of disclosure of personal data as prescribed by law.

Tuesday, in cases where competent state agencies are allowed to process personal data in a state of emergency regarding national defense, security, social order and safety, major disasters, or dangerous epidemics.

Wednesday, when there is a threat to security and national defense but not to the extent of declaring a state of emergency; preventing and combating riots, terrorism, preventing and combating crimes and violations of the law according to regulations, personal data can also be used without the consent of the data subject.

Thursday, the use of personal data will be applied to perform the contractual obligations of the data subject with relevant agencies, organizations and individuals as prescribed by law. Serving the activities of State agencies as prescribed by specialized laws.

Illustration: Trong Dat

The Resolution signed by the Prime Minister also approved the content of the Government's submission, the report on receiving opinions of the National Assembly Standing Committee, and the content of the Draft Decree on personal data protection.

The Government assigned the Minister of Public Security, authorized by the Prime Minister, to report and seek opinions from the National Assembly Standing Committee on the Draft Decree on Personal Data Protection in accordance with the provisions of the Law on Promulgation of Legal Documents on behalf of the Government.

Developing and submitting to the Government the Draft Decree on Personal Data Protection and guiding documents is one of the tasks assigned by the Government to implement e-Government for the 2019-2020 period, with a vision to 2025.

Need a clear and transparent legal corridor

Also on the morning of February 8, the National Assembly's Committee on National Defense and Security held a plenary session to review the Draft Decree on Personal Data Protection.

Chairman of the National Defense and Security Committee Le Tan Toi stated that this is a very important decree, not only related to the protection of personal data of each citizen, but also related to human resource management, social management and impact on political security, social order and safety, ensuring national sovereignty. Therefore, it is required that the legal framework must be extremely clear, specific and transparent on this issue.

Presenting the proposal for the issuance of the Decree on Personal Data Protection, Lieutenant Colonel Trieu Manh Tung, Deputy Director of the Department of Cyber ​​Security and High-Tech Crime Prevention and Control (Ministry of Public Security - the drafting agency), said that the issuance of the Decree on Personal Data Protection is extremely necessary to meet the requirements for protecting personal data rights; preventing acts of personal data infringement, affecting the rights and interests of individuals and organizations.

Along with that is to enhance the responsibility of agencies, organizations, individuals, first of all of data processors, for the processing of personal data.

Lieutenant Colonel Trieu Manh Tung presents the report. Photo: National Assembly

The Decree is also a premise for research and development into a law on Personal Data Protection.

The representative of the Ministry of Public Security also emphasized that the drafting of the Decree on Personal Data Protection is in accordance with legal provisions, creating a foundation for building a complete and synchronous legal system on personal data protection; in accordance with the reality of socio-economic development, ensuring security and order and current personal data protection work.