Ministry of Public Security proposes to develop Law on Personal Data Protection

The Ministry of Public Security said that personal data has become the property and target of high-tech criminal organizations. In practice, high-tech criminal organizations have used many sophisticated and complex technological tricks to attack the network, appropriating personal data (DLCN) for bad purposes. In a connected cyberspace, the protection of DLCN needs to be synchronized, with the coordination of the subjects being organizations, businesses, individuals with specialized professional units on network security. Just one weak link, one loophole, bad guys will take advantage to attack. With the current speed of development and application of information technology in all areas of social life, DLCN is becoming a basic and increasingly important source of raw materials, contributing to socio-economic development, ensuring national defense and security.

Assessing the current state of social relations related to the protection of personal data, the Ministry of Public Security believes that there are many social relations related to personal data, such as: between data collection organizations and data subjects, between state management agencies and data subjects; between data subjects and data subjects (individuals and individuals), between organizations and data subjects. Although there are many different legal documents regulating the contents related to personal data, there is no legal document directly regulating the protection of personal data. With the current overlap and ineffectiveness, it is necessary to develop a new document to regulate all issues.

In addition, sanctions for violations related to DLCN are currently lacking, weak in effectiveness, and not strong enough to deter and appropriately handle violations. It is necessary to supplement, amend, and unify sanctions for violations to meet the practical requirements of state management of DLCN protection, as well as the fight against and prevention of crimes and violations of the law on DLCN protection.

Therefore, the promulgation of the Law on Personal Data Protection is extremely necessary.

Ensure conditions and measures to protect personal data

The Ministry of Public Security proposed to develop a Law on Personal Data Protection with the goal of perfecting the legal system on personal data protection and the responsibility of relevant agencies, organizations and individuals to protect personal data.

Specifically, unifying terminology and establishing some important concepts of personal data, personal data protection; establishing principles for personal data protection; regulations on handling violations of personal data protection regulations; rights and obligations of data subjects; consent of data subjects; regulations on handling personal data in cases where consent of data subjects is not required.

At the same time, more clearly stipulate the conditions for protecting DLCN for organizations providing DLCN treatment services; services providing DLCN protection organizations and personnel (DPO); DLCN protection measures, conditions for ensuring DLCN protection activities. And complete the regulations on ensuring conditions and measures for DLCN protection, specialized DLCN protection agencies and the National Information Portal on DLCN protection; DLCN protection forces, including: specialized forces, forces participating in DLCN protection (DLN protection department, DLCN protection personnel)...