In Which Cases Are Telecommunications Enterprises Allowed to Disclose Subscriber Information from July 1, 2024?
From July 1, 2024, in what cases can telecom enterprises disclose subscriber information?
Based on the provisions of Article 6 of the Telecommunications Law 2023, it is regulated as follows:
Ensuring the confidentiality of information
1. Organizations and individuals participating in telecommunications activities have the responsibility to protect state secrets according to the provisions of the law on the protection of state secrets.
2. Organizations and individuals when sending, transmitting, or storing information belonging to the list of state secrets on telecommunication networks are responsible for encrypting the information according to the provisions of the law on cryptography.
3. The private information of all organizations and individuals transmitted via public telecommunication networks is guaranteed confidentiality. The monitoring of information on telecommunication networks is carried out by competent state agencies in accordance with the law.
4. Telecommunication enterprises are not allowed to disclose private information related to telecommunications service users, including subscriber information (name, address, telephone number, and other private information provided by the user when entering into a contract with the enterprise) and information on the use of telecommunication services (sending telephone number, receiving telephone number, location of sending terminal, location of receiving terminal, sending time, receiving time, communication duration, Internet address), except in the following cases:
a) The telecommunications service user agrees to provide information according to the provisions of the law on personal data protection;
b) Telecommunication enterprises have a written agreement on the exchange and provision of subscriber information and information on the use of telecommunication services by service users to serve for pricing and invoicing purposes;
c) The telecommunications enterprise provides subscriber information of those who evade payment obligations for telecommunication services as prescribed by the Minister of Information and Communications;
d) Upon request from competent state agencies as prescribed by law.
Thus, based on the aforementioned provisions, telecommunication enterprises can disclose private information related to telecommunications service users, including subscriber information (name, address, telephone number) in the following cases:
- The telecommunications service user agrees to provide information according to the provisions of the law on personal data protection;
- Telecommunication enterprises have a written agreement on the exchange and provision of subscriber information and information on the use of telecommunication services by the service user to serve for pricing and invoicing purposes;
- The telecommunication enterprises provide subscriber information of those who evade payment obligations for telecommunication services as prescribed by the Minister of Information and Communications;
- Upon request from competent state agencies as prescribed by law.
Telecom enterprises can disclose subscriber information from July 1, 2024
What are the forms of telecommunications business?
Based on the provisions of Article 10 of the Telecommunications Law 2023, the regulations are as follows:
Forms of telecommunications business
1. Telecommunications business includes the following forms:
a) Telecommunication service business is the investment activity to establish a public telecommunication network, providing telecommunication services for profit purposes;
b) Telecommunication goods business is the investment activity in manufacturing, exchanging, buying, selling, and leasing telecommunication goods for profit purposes.
2. The business of telecommunication services must comply with the provisions of this Law and other relevant laws. The business of telecommunication goods must comply with the provisions of Article 42 and Article 55 of this Law and other relevant laws.
According to the aforementioned regulations, the forms of telecommunications business are as follows:
- The telecommunication service business is the investment activity to establish a public telecommunication network, providing telecommunication services for profit purposes;
- The telecommunication goods business is the investment activity in manufacturing, exchanging, buying, selling, and leasing telecommunication goods for profit purposes.
What are the 05 prohibited acts in telecommunications activities from July 1, 2024?
Based on Article 9 of the Telecommunications Law 2023, the 05 prohibited acts in telecommunications activities include the following:
- Abusing telecommunications activities to oppose the Socialist Republic of Vietnam; infringing upon national security, social order and safety, causing damage to the interests of the State, and the lawful rights and interests of organizations and individuals.
- Eavesdropping, tapping, watching secretly information on telecommunication networks; stealing and using telecom resources, passwords, encryption keys, and private information of other organizations and individuals without permission.
- Illegally obstructing the establishment of telecommunication infrastructure, disturbing, sabotaging the establishment of telecommunication infrastructure, and the legal provision and use of telecommunication services.
- Establishing telecommunication infrastructure, and providing telecommunication services without permission according to the provisions of this Law.
- Using equipment and software to send, transmit, and receive information via telecommunication networks to perform illegal acts.
Telecommunications Law 2023 takes effect from July 1, 2024, except for the cases specified in Clauses 3 and 4 of Article 72 of Telecommunications Law 2023.
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