Can the Sales Consultant be Sued?

In reality, such cases involving the disclosure of personal information are quite common. Most sales consultants (salespeople) inadvertently collect any information of an individual. Based on the data they obtain, they have a basis to exchange and introduce products to customers with the aim of buying and selling. However, beyond basic information, they delve into other private information such as salary, bank accounts, etc., which are sensitive details that no one wants to be disclosed. Some personal information is considered private secrets, and if disclosed, it violates personal privacy, causing mental disturbances for each individual...

At the end of 2010, Apple along with several iPhone application designers, such as Pandora and Dictionary.com, were involved in a lawsuit for helping advertisers secretly collect information from iPhone users without their permission. The indictment alleges that some app designers collected personal information and the location of users, then allowed advertisers to use that information to insert suitable content within the apps. Users were unaware of this activity and had not agreed to it.

Article 12 of the Universal Declaration of Human Rights 1948 mentions the right to privacy protection as follows:

"No one shall be subjected to arbitrary interference with his privacy, family, home, or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.”

And in Article 17 of the International Covenant on Civil and Political Rights, the right to privacy protection is further affirmed:

"1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home, or correspondence, nor to unlawful attacks on his honor and reputation.

2. Everyone has the right to the protection of the law against such interference or attacks.”

This regulation aims to prevent arbitrary and unlawful acts of invasion into the privacy, family, home, correspondence, honor, and reputation of everyone, which may be caused by state officials or other natural and legal persons.

According to Article 38 of the 2005 Civil Code, the right to privacy is stipulated as follows:

*"Article 38. Right to privacy

1. The right to privacy of individuals is respected and protected by law.
2. The collection and publication of information and materials about an individual's private life must be agreed upon by that person; in case the person has died, lost their civil act capacity, under 15 years old, it must be agreed upon by the parent, spouse, adult child, or representative of that person, except for the collection and publication of information under the decision of a competent agency or organization.…”*

If anyone acts in violation of the right to privacy, they can be handled according to the provisions of Article 125 of the 1999 Criminal Code as follows:

"1. Anyone who appropriates letters, telegrams, telexes, faxes, or other documents transmitted via telecommunication and computer means, or unlawfully invades the secrecy or safety of the letters, telephones, telegraphs of others after being disciplined or given an administrative penalty for such acts and continues to violate, shall be subject to a warning, a fine ranging from one million dong to five million dong, or non-custodial reform for up to one year.

2. Committing the crime in one of the following circumstances, shall be subject to non-custodial reform for between one and two years or imprisonment from three months to two years:a) Organized;b) Abusing a position of power;c) Committing the crime repeatedly;d) Causing serious consequences;e) Recidivism.

3. The offender may also be subject to a fine of between two million dong and twenty million dong, or a ban from holding certain positions for one to five years."

Currently, telemarketing is a common practice in most fields such as finance, insurance, real estate, etc. However, this activity is increasingly giving many customers a "bad" impression partly due to the inconvenience regarding timing, partly due to feeling untrustworthy, unclear, and fearing scams. Besides the purpose of selling, the sellers being overly interested in the personal lives of customers is unnecessary.

Thus, the collection of personal information needs to have a certain boundary. Even sellers must have limits in exploiting the information they obtain. If they know too much, it may turn into an invasion of privacy and bring trouble. Customers also need to be very alert and cautious about invitations to buy products, know when to stop, and control their personal information to ensure safety and avoid being disturbed.

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