What are the 11 rights of data subjects on protection of personal data in Vietnam according to Decree 13/2023/ND-CP?
What are the 11 rights of data subjects on protection of personal data in Vietnam?
According to Article 9 of Decree 13/2023/ND-CP regulating the rights of data subjects in personal data protection as follows:
(1) Right to be informed
The data subject has the right to be informed of his/her personal data processing, unless otherwise provided for by law.
(2) Right to give consent
The data subject has the right to give consent to the processing of his/her personal data, other than cases specified in Article 17 of Decree 13/2023/ND-CP.
(3) Right to access personal data
The data subject has the right to access his/her personal data in order to look at, rectify or request rectification of his/her personal data, unless otherwise provided for by law.
(4) Right to withdraw consent
The data subject has the right to withdraw his/her consent, unless otherwise provided for by law.
(5) Right to delete personal data
The data subject has the right to delete or request deletion of his/her personal data, unless otherwise provided for by law.
(6) Right to obtain restriction on processing
- The data subject has the right to obtain restriction on the processing of his/her personal data, unless otherwise provided for by law.
- The restriction on the processing of personal data shall be implemented within 72 hours after receiving request of the data subject, and all personal data that the data subject requests the restriction, unless otherwise provided for by law.
(7) Right to obtain personal data
The data subject has the right to request the Personal Data Controller and the Personal Data Controller-cum-Processor to provide him/her with his/her personal data, unless otherwise provided for by law.
(8) Right to object to processing
- The data subject has the right to object to the Personal Data Controller and the Personal Data Controller-cum-Processor processing his/her personal data in order to prevent or restrict the disclosure of personal data or the use of personal data for advertising and marketing purposes, unless otherwise provided for by law.
- The Personal Data Controller and the Personal Data Controller-cum-Processor shall comply with the data subject’s request within 72 hours after receiving the request, unless otherwise provided for by law.
(9) Right to file complaints, denunciations and lawsuits
The data subject has the right to file complaints, denunciations and lawsuits as prescribed by law.
(10) Right to claim damage
The data subject has the right to claim damage as prescribed by law when there are violations against regulations on protection of his/her personal data, unless otherwise agreed by parties or unless otherwise prescribed by law.
(11) Right to self-protection
The data subject has the right to self-protection according to regulations in the Civil Code, other relevant laws and this Decree, or request competent agencies and organizations to implement civil right protection methods according to regulations in Article 11 of the Civil Code.
If a person has his/her civil rights violated, he/she may protect them himself/herself as prescribed in the Civil Code, other relevant laws or request competent authorities to:
- Recognize, respect, protect and guarantee of his/her civil rights;
- Order the termination of the act of violation;
- Order a public apology and/or rectification;
- Order the performance of civil obligations;
- Order compensation for damage;
- Cancellation of isolated unlawful decision of competent agencies, organizations or persons;
- Other requirements specified by law.
What are the 11 rights of data subjects on protection of personal data in Vietnam according to Decree 13/2023/ND-CP?
What are the obligations of data subjects on protection of personal data in Vietnam?
Pursuant to Article 10 of Decree 13/2023/ND-CP stipulating the obligations of personal data subjects as follows:
- Protect his/her own personal data; request relevant organizations and individuals to protect his/her personal data.
- Respect and protect others’ personal data.
- Fully and accurately provide his/her personal data when he/she consents to the processing.
- Participate in dissemination of personal data protection skills.
- Comply with regulations of law on protection of personal data and prevent violations against regulations on protection of personal data.
What are the prohibited acts on protection of personal data in Vietnam?
Pursuant to Article 8 of Decree 13/2023/ND-CP regulating prohibited acts in personal data protection as follows:
- Processing personal data in contravention of regulations of law on protection of personal data.
- Processing personal data in order to provide information and data against regulations of the Socialist Republic of Vietnam
- Processing personal data in order to provide information and data that affect national security, social order and safety, and legitimate rights and interests of other organizations and individuals.
- Obstructing protection of personal data by competent authorities.
- Taking advantage of protection of personal data to commit violations of law.
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