Supplementing regulations on prohibited acts of disclosing or leaking electronic criminal record information of others

On the morning of November 4, discussing at Group 6 (National Assembly Delegation of Dong Nai, Lang Son, Hue City) on the draft Law amending and supplementing a number of articles of the Law on Judicial Records, National Assembly Deputies proposed the need to stipulate technical security measures against forgery of electronic judicial records; adding prohibited acts including the prohibition of disclosing or leaking electronic judicial records information of others without consent...

Supplementing sanctions when the providing agency is late or inaccurate

Commenting on the draft Law amending and supplementing a number of articles of the Law on Judicial Records, the National Assembly Deputies of Group 6 expressed their approval and agreement with the amendment of the Law to simplify administrative procedures, reduce compliance time and costs for people, enhance the application of IT, and at the same time remove a number of difficulties and obstacles in the process of implementing the Law on Judicial Records 2009. However, commenting on each specific content, the National Assembly Deputies also requested the Drafting Committee to review, revise and supplement a number of provisions accordingly.

Scene of Group 6 meeting on the morning of November 4. Photo: Ho Long

Specifically, regarding the protection of personal data and the limitation of access rights (Article 7 and Articles 50a, 50b), National Assembly Delegate Nguyen Thi Suu ( Hue City) said that it is necessary to add provisions clearly stipulating the scope, purpose and storage period of criminal record information provided to agencies and organizations.

In addition, the delegate also proposed adding a new clause in Article 7: "The provision of criminal record information to agencies and organizations must ensure the principle of protecting personal data, and must only be used for the right purposes and within the necessary time limit" to be consistent with the Law on Personal Data Protection 2023.

National Assembly Delegate Nguyen Thi Suu (Hue City) speaks. Photo: Ho Long

Regarding the Judicial Record Certificate (Article 41), the delegate also pointed out: In Clause 2, it is proposed to clearly stipulate the form, technical standards and authentication method of the Electronic Certificate (in addition to the issued paper copy). Add Clause 3a: The Electronic Judicial Record Certificate is digitally signed by the Department of Professional Records, Ministry of Public Security , stored and searched on the National Public Service Portal, has the same legal value as the paper copy to avoid legal disputes in electronic transactions and create a basis for synchronous digital transformation.

Regarding the deadline and responsibility for updating data (Articles 15, 16, and 33), National Assembly Deputy Nguyen Thi Suu also said that the draft Law stipulates many different deadlines. Accordingly, it is proposed to unify the 5-working-day deadline for the entire process of providing, receiving, and updating information on criminal records and new crimes; at the same time, it is necessary to add sanctions when the providing agency is late or inaccurate.

Agreeing with the opinion, some delegates of Group 6 also said that, in order to complete the Law project and soon put new regulations into practice, they suggested that the Government should clearly stipulate a deadline for the Ministry of Public Security to coordinate with relevant agencies to soon complete the construction of the National Criminal Records Database.

Need for technical security measures against forgery of electronic criminal records

Also giving his opinion on the draft Law amending and supplementing a number of articles of the Law on Judicial Records, National Assembly Deputy Pham Trong Nghia (Lang Son) highly appreciated the innovations in administrative procedures stipulated in the draft Law. The delegate said that the draft Law has cut down many types of documents (such as copies of household registration/temporary residence books), added the form of requesting online certificates, via postal services, and especially reduced the time limit for issuing certificates from 10 days to 5 days. "This is a breakthrough that allows citizens to submit their applications to any provincial-level police station or commune-level police station, regardless of the administrative boundaries of their place of residence, creating maximum convenience for people," the delegate emphasized.

However, regarding the procedures for criminal record certificate No. 2, delegates said that there should be specific solutions to avoid causing trouble and inconvenience to the people.

National Assembly Deputy Pham Trong Nghia (Lang Son) speaks. Photo: Ho Long

The delegate pointed out that in reality, this type of form shows that the criminal record has been cleared, but many agencies and organizations (applying for visas, marriage, labor export, etc.) require individuals to provide it. This situation has seriously affected personal privacy according to the 2013 Constitution and goes against the humanitarian policy of criminal law for people whose criminal records have been cleared, making it difficult for them to reintegrate into the community.

To thoroughly resolve this issue, delegates agreed with the additional provision in the draft: "Agencies and organizations are not allowed to request individuals to provide Criminal Record Form No. 2".

Sharing the same view, National Assembly Delegate Nguyen Cong Long and National Assembly Delegate Nguyen Thi Nhu Y (Dong Nai) also said: Individuals who are issued criminal record certificate No. 2 will be responsible for providing information to agencies and organizations when necessary. Along with that, the use of criminal record information is up to the individual, not authorized by any unit, but must have the consent of the person issued according to regulations on personal data protection.

National Assembly Deputy Nguyen Cong Long (Dong Nai) speaks. Photo: Ho Long

Delegates also agreed to add regulations on electronic criminal records which have the same legal value as paper copies and will be integrated into the national electronic identification system (VNeID). To ensure safety, it is proposed to add regulations on technical security measures against forgery of electronic criminal records, and to add to the list of prohibited acts the prohibition of disclosing or leaking electronic criminal records information of others without consent.

In addition, regarding the scope of the amendment, delegates supported the transfer of the task of state management and implementation of public services of issuing criminal records from the Ministry of Justice to the Ministry of Public Security. However, the recommendation is to review and not specify the name of the unit (such as the Department of Professional Records), but should stipulate that it is "Central Agency for Criminal Records assigned by the Minister of Public Security" to ensure flexibility and comprehensiveness in implementation.

Source: https://daibieunhandan.vn/bo-sung-quy-dinh-hanh-vi-cam-lam-lo-lot-thong-tin-ly-lich-tu-phap-dien-tu-cua-nguoi-khac-10394327.html