Directive 23/CT-TTg of Vietnam instructs how to handle the case where surveillance cameras of families and companies are illegally accessed and do not ensure information security?
- How to handle in case the camera of families, companies is illegally accessed, fail to ensure information security in Vietnam?
- What are the penalties for accessing surveillance camera data of companies, families?
- What are the measures to ensure network information security for surveillance camera equipment in Vietnam?
How to handle in case the camera of families, companies is illegally accessed, fail to ensure information security in Vietnam?
Pursuant to Section 8 of Directive 23/CT-TTg of Vietnam in 2022, which shows the responsibility of telecommunications and Internet service providers in ensuring network information safety and information security for surveillance camera equipment as follows:
8. Telecommunications and Internet service providers:
a) Actively inspect and handle surveillance cameras that fail to ensure the security of network information provided by enterprises on their network infrastructure.
b) Actively notify service users of the enterprise when detecting that the user's surveillance camera does not ensure network information security.
c) Cooperate with functional agencies of the Ministry of Information and Communications in monitoring, detecting, preventing and handling surveillance cameras that fail to ensure network information security.
d) Cooperate with functional agencies of the Ministry of Public Security in detecting and handling organizations and individuals abusing surveillance cameras to infringe upon national security, social order and safety.
Thus, the directive states that after providing camera services to families, the company providing the service detects that the camera system installed by them for customers shows signs of being violated, the enterprise can responsible for proactively informing customers who are using the service.
At the same time, enterprises must coordinate with functional agencies of the Ministry of Information and Communications and the Ministry of Public Security in monitoring, detecting, preventing and handling surveillance cameras that do not ensure network information security as well as organizations and individuals taking advantage of surveillance cameras to infringe upon national security, social order and safety.
Directive 23/CT-TTg instructs how to handle the case where surveillance cameras of families and companies are illegally accessed and do not ensure information security in Vietnam?
What are the penalties for accessing surveillance camera data of companies, families?
The act of accessing the camera of a family or company is considered an illegal act of theft, invasion, and illegal use of personal data, and seriously infringes on the privacy, honor and dignity of the other people.
Administrative penalties:
In Article 80 of Decree 15/2020/ND-CP of Vietnam stipulating the handling of administrative violations for acts of illegally providing and using information online as follows:
Violations against regulations on illegal provision or use of information in cyberspace
1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for decrypting, stealing and/or using passwords, cryptographic keys and information of other organizations/individuals in cyberspace.
2. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for the commission of one of the following violations:
a) Illegally accessing networks or digital devices of others to override such devices or change/delete information stored on such devices or change setting parameters or collect information of others;
b) Infiltrating, altering or deleting information of other organizations/individuals in cyberspace;
c) Obstructing the information system’s provision of services;
d) Preventing the access to information of other organizations/individuals in cyberspace, unless such prevention is permitted by law;
dd) Causing insecurity or breaking confidentiality of information exchanged, transmitted or stored in cyberspace of other organizations/individuals.
3. Additional penalties:
Foreigners who commit the violation in Clause 1 or 2 of this Article shall be deported from the territory of the Socialist Republic of Vietnam.
Thus, the person who acts to access the camera of the family or the company in contravention of the law can be fined up to 50 million VND.
In addition, in case violators use data from surveillance cameras of families or companies to transmit, exchange and use for nefarious purposes, they may be sanctioned according to the provisions of Article 102 of Decree 15/2020/ND-CP of Vietnam.
The above fine level is applied to organizations, in case individuals commit acts of violation like those of organizations, the fine level is 1/2 of the fine level for organizations.
Criminal prosecution:
Pursuant to the provisions of Article 289 of the 2015 Criminal Code of Vietnam on the crime of infiltration into the computer network, telecommunications network or electronic device of another person as follows:
Illegal infiltration into the computer network, telecommunications network or electronic device of another person
1. Any person who deliberately bypasses the warning, hacks the password or firewall or uses the administrator’s right of another person to infiltrate another person's computer network, telecommunications network or electronic device in order to take control, interfere the operation of the electronic device; steal, change, destroy, fabricate data or illegally use services shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of 01 - 05 years' imprisonment.
2. This offence committed in any of the following circumstances carries a fine of from VND 300,000,000 to VND 1,000,000,000 or a penalty of 03 - 07 years' imprisonment:
a) The offence is committed by an organized group;
b) The offender abuses his/her position or power to commit the offence;
c) The illegal profit earned is from VND 200,000,000 to under VND 500,000,000;
d) The property damage caused by the offence is assessed at from VND 300,000,000 to under VND 1,000,000,000;
dd) The offence is committed against a national Internet exchange point, domain name database system or national domain name server system;
e) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 07 - 12 years' imprisonment:
a) The offence is committed against a system of data which is classified information or an information system serving national defense and security;
b) The offence is committed against a national information infrastructure; national grid control information system; banking or finance information system; traffic control information system;
c) The illegal profit earned is ≥ VND 500,000,000;
d) The property damage caused by the offence is assessed at ≥ VND 1,000,000,000.
4. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.
Thus, in case a person intentionally accesses the surveillance camera of a family or an individual, he or she may be examined for penal liability for the crime of illegally infiltrating computer networks, telecommunications networks or electronic means of others if satisfying the components of this crime.
What are the measures to ensure network information security for surveillance camera equipment in Vietnam?
According to the directive in Section 1 of Directive 23/CT-TTg of Vietnam in 2022 to overcome the shortcomings and risks of network information security and information security related to surveillance cameras, the Prime Minister instructed ministries, ministerial-level agencies, provinces and centrally-run cities, state groups and corporations effectively implement the following measures:
- Determine the security level of the information system and implement the plan to ensure the information system security according to the level and according to the provisions of law and national technical standards and regulations on information system security by level when deploying information systems using surveillance cameras.
Deadline for completion: Determining and approving the security level of information systems using surveillance cameras, to be completed by March 2023; fully implement the plan to ensure information system security by level for information systems using surveillance cameras in operation, completed in September 2023 at the latest.
- Direct the agencies and units attached to invest, purchase surveillance cameras or hire information technology services using surveillance cameras to inspect and evaluate network information security in accordance with regulations of law; carry out periodical inspection and assessment of network information security according to regulations for information systems using surveillance cameras.
- Using surveillance cameras that meet the requirements on ensuring network information security as prescribed; do not use surveillance cameras that do not have certificates of origin and product quality or have been warned by a competent authority not to ensure network information security.
- To meet resources and funding to ensure network information security for information systems using surveillance cameras; take responsibility before the Prime Minister if there is any loss of network information security, information security, disclosure of state secrets from information systems using surveillance cameras under their management.
- Develop, review, amend and supplement regulations on ensuring network information security of agencies and units, which clearly stipulates that the use of surveillance cameras must ensure network information security.
- After the national technical regulation on basic network information security requirements for surveillance cameras is promulgated, relevant ministries and branches shall urgently study and organize the application of this technical regulation within the scope of management.
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