Cases of personal data processed without the consent of the data subject in Vietnam

Cases of personal data processed without the consent of the data subject in Vietnam (Internet image)

The Government of Vietnam issued Resolution 13/NQ-CP on February 7, 2023 approving the dossier for the development of a Decree on Personal Data Protection.

According to Resolution 13/NQ-CP, the case where personal data is processed without the consent of the data subject, including:

1. Cases of personal data processed without the consent of the data subject in Vietnam 2023

Agree to regulate that personal data is processed without the consent of the data subject in the case specified in Article 1 of Resolution 13/NQ-CP 2023:

- Protecting the life and health of the data subject or others in an emergency situation. It is the responsibility of the Personal Data Controller, Personal Data Processor, Personal Data Controller and Processor, and Third Party to prove this case.

- The disclosure of personal data in accordance with the law;

- Data processing by competent state agencies in the event of an emergency on national defense, national security, social order and safety, major disasters, and 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 in accordance with the provisions of law;

- Fulfilling the contractual obligations of the data subject with relevant agencies, organizations, and individuals as prescribed by law;

- Serving the activities of state agencies prescribed by specialized laws.

2. Cases of personal data processed without the consent of the data subject in Vietnam 2022

Agree to regulate that personal data is processed without the consent of the data subject in the following cases listed in Article 2 of Resolution 27/NQ-CP 2022:

- The processing is necessary to respond to an emergency that threatens the life, health, or safety of the data subject or another individual. Data Controller, Data Processor, Data Controller and Processor, Third Party is responsible for proving this case.

- The disclosure of personal data in accordance with the law.

- The handling is necessary because of national defense and security requirements, and is carried out by competent authorities in accordance with other laws.

- Competent state agencies to investigate and prosecute law violations in accordance with the law.

- Personal data is processed by a competent state agency for the purpose of serving the operations of the state agency in accordance with the law.

3. Data subject's rights regarding the processing of personal data in Vietnam

In Article 5 of the Draft Decree on Personal Data Protection, the rights of data subjects related to personal data processing are as follows:

- Agree or disagree for the Personal Data Processor, the Third Party to process their personal data, unless otherwise provided for by law.

- Receive notice of the Personal Data Processor at the time of processing or as soon as practicable.

- Request the Personal Data Processor to correct, view and provide a copy of his/her personal data.

- Request the Personal Data Processor to stop processing personal data, restrict access to personal data, stop disclosing or allow access to personal data, delete or close the collected personal data, except as required by law.

- Complaints in accordance with the law or complain to the Personal Data Protection Commission in the following cases:

+ Your personal data is compromised;

+ Your personal data is processed for wrong purposes, not in accordance with agreements or provisions of law;

+ Your rights regarding your personal data are violated or not properly exercised.

- Claim compensation in accordance with the law when there are grounds to believe that your personal data has been infringed.

More details can be found in Vietnam's Resolution 13/NQ-CP dated 07/02/2023

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