Disclosing information of airline passengers: Can be imprisoned for up to 7 years

Disclosing passenger information can result in a fine of up to VND200 million, and if causing serious consequences, can result in up to 7 years in prison.

Recently, the Civil Aviation Authority of Vietnam said it will coordinate with agencies to clarify and prevent the disclosure of information of airline passengers. And there will be administrative and criminal sanctions for those who illegally buy, sell, exchange, and use information of airline passengers.

Maximum prison sentence 7 years

Lawyer Nguyen Thanh Cong (Ho Chi Minh City Bar Association) said that the information that customers provide to airlines is personal, private and must be kept confidential. Using this information without the owner's permission is illegal. Depending on the level of damage to the information owner, administrative, civil or criminal liability may be prosecuted for this unauthorized use of personal information.

According to Lawyer Cong, stemming from the inviolability of private life, personal secrets... stipulated in Article 21 of the 2013 Constitution, the right to privacy is one of the extremely important personal rights for each individual and has become a constitutional principle in our country in the trend of protecting human rights in the world.

At the same time, this provision is also recorded in Article 38 of the 2015 Civil Code. Specifically, private life, personal secrets, and family secrets are inviolable and protected by law. The collection, storage, use, and disclosure of information related to private life and personal secrets must be agreed by that person. The collection, storage, use, and disclosure of information related to family secrets must be agreed by family members, unless otherwise provided by law.

The parties to the contract must not disclose information about each other's private life, personal secrets, or family secrets that they have learned during the process of establishing and performing the contract, unless otherwise agreed.

Lawyer Cong affirmed that in order to specify constitutional rights and demonstrate severity, criminal law has been adjusted by the crime specified in Article 226 of the current Penal Code, the crime of illegally providing or using information on computer networks, telecommunications networks, and the Internet.

Anyone who posts information on a computer network, telecommunications network, or the Internet that is contrary to the provisions of law; buys, sells, exchanges, donates, modifies, changes, or publicizes legal private information of other agencies, organizations, or individuals on a computer network, telecommunications network, or the Internet without the permission of the owner of that information, i.e., infringes upon the interests of agencies, organizations, or individuals, violates social order and safety, causing serious consequences, shall be subject to a fine of from 10 million to 100 million VND, non-custodial reform for up to 3 years, or imprisonment from 6 months to 3 years.

Causing serious consequences is punishable by up to 7 years in prison. Offenders may also be fined from 20 million VND to 2,200 million VND, banned from holding positions, practicing a profession or doing certain jobs from 1 year to 5 years.

Lawyer Cong further noted that those who illegally buy, sell, exchange or use airline passenger information via computer networks to be prosecuted for criminal liability under this crime must cause serious consequences of less than 200 million VND, as guided in Clause 3, Article 8 of Joint Circular 10/2012/TTLT-BCA-BQP-BTP-BTT&TT-VKSNDTC-TANDTC.

Customers can claim damages

Lawyer Nguyen Duc Chanh (of the Ho Chi Minh City Bar Association) agrees with the above view and believes that according to Clause 1, Article 21 of the 2013 Constitution, everyone has the right to inviolability of private life, personal secrets and family secrets; has the right to protect their honor and reputation. Information about private life, personal secrets and family secrets is guaranteed by law.

According to Clause 4, Article 38 of the 2015 Civil Code, the parties to a contract must not disclose information about each other's private life, personal secrets, or family secrets that they have learned during the process of establishing and performing the contract, unless otherwise agreed.

According to Point d, Clause 2, Article 6 of the Law on Consumer Protection 2010, consumer information can only be transferred to a third party with the consumer's consent, unless otherwise provided by law.

In addition, according to the provisions of Point d, Clause 2, Article 126 of the 2006 Law on Civil Aviation (amended and supplemented in 2014), "Enterprises operating computer reservation systems must comply with the principles of protecting customers' personal information, except in cases required by competent state agencies".

Lawyer Chanh said that depending on the nature and severity of the act, violators may be subject to administrative sanctions or criminal prosecution.

According to Thanh Nien Newspaper