06 cases where personal data cannot be deleted upon request in Vietnam

06 cases where personal data cannot be deleted upon request in Vietnam(Internet image)

Regarding this issue, LawNet would like to answer as follows:

Government of Vietnam issued Decree 13/2023/ND-CP dated 17/4/2023 on personal data protection.

1. What is Personal Data?

According to Clause 1, Article 2 of Decree 13/2023/ND-CP, 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.

2. 06 cases where personal data cannot be deleted upon request in Vietnam

Specifically, in Clause 2, Article 16 of Decree 13/2023/ND-CP, the personal data shall not be deleted at the request of the data subject in the following cases:

(1) The deletion of personal data is prohibited by law;

(2) The personal data is processed by the competent state agency with a view to serving operations by such agency as prescribed by law.

(3) The personal data has been disclosed as prescribed by law.

(4) The personal data is processed with a view to serving law, scientific research and statistics as prescribed by law;

(5) The personal data shall not be deleted 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 regulations of law;

(6) It is required to respond to emergent cases that threaten the life and health or the safety of the data subject or other persons.

3. Contents of State management of personal data protection in Vietnam

The Government shall ensure uniform state management of personal data protection.

Contents of state management include:

- Requesting competent authorities to promulgate or promulgate within its jurisdiction legal documents, and directing and organizing the implementation of legal documents on protection of personal data.

- Formulating and organizing the implementation of strategies, policies, schemes, projects, programs and plans for protection of personal data.

- Providing guidance on measures, procedures and standards of protection of personal data for agencies, organizations and individuals in accordance with law.

- Disseminating and educating the law on protection of personal data; communicating and disseminating skills and knowledge about protection of personal data.

- Developing and providing training and refresher training for officials, public employees and persons assigned to protect personal data.

- Inspecting the observance of law on protection of personal data; handling complaints, denunciations and violations against regulations on protection of personal data as prescribed by law.

- Compiling statistics, and giving information and reports on protection of personal data and the observance of law on personal data protection to competent authorities.

- Encouraging international cooperation in protection of personal data.

(Article 5 of Decree 13/2023/ND-CP)

4. Prohibited acts in personal data protection in Vietnam

According to Article 8 of Decree 13/2023/ND-CP, individuals and organizations are strictly prohibited from performing the following acts in protecting personal data:

- Processing person 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 volitions of law.

Decree 13/2023/ND-CP takes effect from July 1, 2023.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE