Fines of up to VND 80 million for arbitrarily disclosing other people's phone numbers, ID cards in Vietnam

Below is a notable content specified in the Draft Decree regulating personal data protection, which is being proposed by the Government of Vietnam for comments online, expected to take effect from December 1, 2021.

Fines of up to VND 80 million for arbitrarily disclosing other people's phone numbers, ID cards in Vietnam (illustration)

According to Article 6 of the Draft Decree, a personal data processor and a third party may only disclose personal data of another person with the consent of that person, except for the following cases:

- According to regulations of the law;

- Disclosure of information is necessary for the interests of national security, social order and safety;

- In the media for the purposes of national defense and security, social order and safety, social ethics, and the health of the community;

- In the media, according to the provisions of the Press Law, do not cause economic, honor, spiritual, or material damage to the data subject;

- In cases where it is required by law to be urgent, life-threatening, or seriously affecting the health of the data subject or public health.

In case of Violations against regulations on disclosure of personal data of others, the violator will be fined up to 80,000,000 VND (if it is the second violation, you will be fined between 80-100 million VND). Specifically, according to Article 22 of this Draft Decree, a fine ranging from VND 50,000,000 to VND 80,000,000 shall be imposed for one of the following acts:

  • Violations against data subject rights regulations in the processing of personal data;
  • Violations against regulations on disclosure of personal data;

  • Violations against regulations on restricting access to personal data;

  • Violations against data subject consent regulations for personal data

  • Violations against personal data handling regulations following the death of the data subject;

  • Violations against regulations on handling personal data without the consent of the data subject;

  • Violations against regulations on notifying data subjects about the processing of personal data;

  • Violations against regulations governing the processing of personal data for scientific research or statistics;

  • Violations against regulations on automatic personal data processing;

  • Violations against regulations on the handling of children's personal data;

  • Violations against regulations on the accuracy of personal data;

  • Violations against regulations on storage, deletion, and destruction of personal data.

According to the provisions of this Draft Decree, personal data is data about an individual or related to the identification or possible identification of a specific individual, including basic personal data and personal data. sensitive individuals. In which,

- Basic personal data, including: last name, middle name, and birth name; alias (if any); date of birth; day, month, and year of death or disappearance;Gender, blood type;Place of birth, registration of birth, permanent residence, current residence, hometown, contact address, and email address;academic level; Ethnic; nationality; Phone number; identity card number, passport number, citizen identification number, driver's license number, license plate number, personal tax identification number, social insurance number; Marital status: Data indicating activity or a history of activity in cyberspace

- Sensitive personal data, including: Law enforcement agencies collect and store personal data about political opinions, religion, gender status, sexual orientation, crimes, and offenses.Financial information is information used to identify an account, card, or payment instrument provided by a financial institution to a data subject or information about the relationship between the financial institution, principal data, and the data subject, including profile, financial status, credit history, income level; "Location" is information about an individual's physical location in the past and present; It's about social relationships; ...

Thus, if these contents in the Draft Decree are approved, in the near future, for violations of regulations on disclosure of personal data such as disclosing ID numbers, phone numbers, marital status, gender, sexual orientation, etc., the violator may be administratively sanctioned with a maximum amount of up to 80 million VND (the second violation will be fined from 80 to 100 million VND).

See more related contents of the Draft Decree regulating personal data protection here.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

78 lượt xem
  • Address: 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd.
Editorial Director: Mr. Bui Tuong Vu - Tel. 028 3935 2079
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;