Government of Vietnam issued 05 measures to protect personal data? Where does the funding for the protection of personal data come from?
What is personal data in Vietnam?
Pursuant to Clause 1, Article 2 of Decree No. 13/2023/ND-CP defining as follows:
“Personal data” refers to electronic information in the form of symbols, letters, numbers, images, sounds, or equivalences associated with an individual or used to identify an individual. The personal data includes general personal data and sensitive personal data.
Government of Vietnam issued 05 measures to protect personal data? Where does the funding for the protection of personal data come from?
What are 05 measures to protect personal data in Vietnam?
Pursuant to Article 17 of Decree No. 13/2023/ND-CP stipulating as follows:
Personal data processing without the consent of data subject
1. The personal data shall be processed to protect the life and health of the data subject or others in an emergency situation. The Personal Data Controller, the Personal Data Controller and Processor, the Personal Data Processor and the Third Party shall be responsible for proving such situation.
2. Disclosure of personal data in accordance with the law;
3. Processing of personal data by competent regulatory authorities in the event of a state of emergency on national defense, security, social order and safety, major disasters, or dangerous epidemics; when there is a risk of threatening security and national defense but not to the extent of declaring a state of emergency; to prevent and combat riots and terrorism, to prevent and combat crimes and law violations according to the provisions of law;
4. The personal data shall be processed to fulfill the contractual obligations of the data subjects with relevant agencies, organizations and individuals as prescribed by law;
5. The personal data shall be processed to serve operations by regulatory authorities as prescribed by specialized laws.
Thus, 5 cases where personal data is processed without the consent of the data subject, including:
- The personal data shall be processed to protect the life and health of the data subject or others in an emergency situation. The Personal Data Controller, the Personal Data Controller and Processor, the Personal Data Processor and the Third Party shall be responsible for proving such situation.
- Disclosure of personal data in accordance with the law;
- Processing of personal data by competent regulatory authorities in the event of a state of emergency on national defense, security, social order and safety, major disasters, or dangerous epidemics; when there is a risk of threatening security and national defense but not to the extent of declaring a state of emergency; to prevent and combat riots and terrorism, to prevent and combat crimes and law violations according to the provisions of law;
- The personal data shall be processed to fulfill the contractual obligations of the data subjects with relevant agencies, organizations and individuals as prescribed by law;
- The personal data shall be processed to serve operations by regulatory authorities as prescribed by specialized laws.
Where does the funding for the protection of personal data come from?
According to Article 31 of Decree No. 13/2023/ND-CP on conditions for ensuring protection of personal data as follows:
Funding to ensure the protection of personal data
1. Financial sources for personal data protection include the state budget; support from domestic and foreign agencies, organizations and individuals; revenue from the provision of personal data protection services; international aid and other legitimate sources of revenue.
2. Funds for the protection of personal data of state agencies shall be guaranteed by the state budget and shall be included in the annual state budget estimates. The management and use of funds from the state budget must comply with the law on state budget.
3. Funds for protection of personal data of organizations and enterprises shall be arranged and implemented by organizations and enterprises themselves according to regulations.
Thus, financial sources for implementing personal data protection include the state budget; support from domestic and foreign agencies, organizations and individuals; revenue from the provision of personal data protection services; international aid and other legitimate sources of revenue.
- Funds for the protection of personal data of state agencies shall be guaranteed by the state budget and shall be included in the annual state budget estimates. The management and use of funds from the state budget must comply with the law on state budget.
- Funds for the protection of personal data of organizations and enterprises shall be arranged and implemented by the organizations and enterprises themselves according to regulations.
Decree No. 13/2023/ND-CP takes effect from July 1, 2023.
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