Strictly handle the purchase, leakage and illegal use of data
Giving opinions on the draft Law on Digital Transformation on the afternoon of November 6, the delegates discussing at Group 4 (including the National Assembly delegations of Khanh Hoa, Lai Chau and Lao Cai provinces) all expressed their agreement with the necessity of promulgating the Law, the Government's Submission and the Review Report of the Committee on Science , Technology and Environment.
However, according to National Assembly Deputy Le Thu Ha (Lao Cai), the scope of the draft Law is too broad, covering the digital government, digital economy and digital society. This approach, although comprehensive, can easily lead to overlapping laws when many areas have been or will be regulated by other laws, such as the Data Law, the Electronic Transactions Law, the Personal Data Protection Law, etc.
According to delegates, it is necessary to clearly establish the role of this law as a framework law, a basic law: a framework law because it shapes the institutional structure, principles, rights and general responsibilities for digital transformation; a basic law because it connects and leads specialized fields to create consistency in the entire digital legal system.
“The scope of regulation should focus on the public sector and the political system, that is, digital transformation in state administration, public service provision and interaction between the state and people and businesses. The digital economic and social sectors should be encouraged to develop according to an open policy mechanism, gradually regulated by other specialized laws,” the delegate proposed.
According to delegate Le Thu Ha, currently, concepts such as digital platform, digital environment, and digital human resources are used in many laws with different understandings. “The most important thing is to standardize the concept of digital transformation - not just digitalizing data but also the process of comprehensively restructuring the operations of agencies, organizations, businesses and individuals based on data and digital technology”.
"If this definition is institutionalized in Article 3 of the draft Law, it will become a benchmark for other legal documents to unify the concept," the delegate added.
National Assembly Deputy Ha Hong Hanh (Khanh Hoa) added that digital transformation is not only the application of technology in management and production, but also a comprehensive change in the way of living, working and communicating in the online environment. When all data on population, finance, education, health, etc. are connected and processed online, network security is no longer a purely technical issue but has become a political, ideological, social issue and a matter of people's trust.
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Therefore, the delegate suggested that the Drafting Committee explain and supplement the concept of “cybersecurity in digital transformation” right in Article 3. This concept does not overlap with the Law on Cyber Security, because this law mainly regulates activities to protect national security in cyberspace, while the Law on Digital Transformation aims to build a safe and reliable digital environment for socio-economic development. These two laws complement and support each other, ensuring both security and development.
In addition, delegate Ha Hong Hanh proposed clearer regulations on the protection of personal data and citizen data. In reality, many people are still hesitant to use online public services because of concerns about information being leaked, exploited for commercial purposes or fraud.
Therefore, it is necessary to clearly define the principle of "protecting personal data is protecting human rights in the digital space"; add specific responsibilities of agencies, organizations and enterprises when collecting, processing and sharing data; prescribe an independent monitoring mechanism and information transparency so that people can check, request correction or deletion of their data when necessary.
In particular, there needs to be strong sanctions equivalent to international standards to strictly handle the purchase, sale, leakage or illegal use of personal data.
Proposal to establish a National Digital Infrastructure Development Fund
Another issue that received attention from delegates was the State's policy on digital transformation.
Delegate Le Thu Ha said that although the draft Law has shown a spirit of support, it is still quite scattered and lacks strong enough tools for implementation.
Digital transformation requires speed and flexibility, but in reality, the public investment and bidding mechanism is becoming an institutional barrier. Affirming this, delegates proposed adding to Article 4 of the draft Law a separate clause on a specific mechanism allowing the hiring of information technology services applying the public-private partnership (PPP) model, implementing a policy testing mechanism (sandbox) in the digital technology field; especially establishing a National Digital Infrastructure Development Fund to support disadvantaged localities in narrowing the digital gap between regions.
“This mechanism not only ensures financial feasibility but also demonstrates inclusive and equitable development thinking in the digital space,” delegate Le Thu Ha believes.
Delegate Ha Hong Hanh expressed his agreement with the content of the draft Law in Article 4 and Article 23, which stipulates the State's policy on digital transformation and support for enterprises, cooperatives, and business households in digital transformation. However, the delegate noted that it is necessary to pay attention to financial and non-financial support for small and medium-sized enterprises, including preferential loans, support for implementing solutions for enterprise resource planning, customer management, internet of things, and cloud services.
Because this is a group that often faces many difficulties in accessing new technology, especially limited resources to invest in digital infrastructure, artificial intelligence (AI), big data, information security and smart manufacturing.
The State should encourage the linkage of small and medium-sized enterprises with large enterprises, data centers, or digital technology zones to share infrastructure, data, and digital transformation experience.
The above support solutions will partly help small and medium enterprises improve their digital capacity, reduce the digital gap and increase competitiveness, while promoting comprehensive digital economic development, delegate Ha Hong Hanh believes.
Clearly define the responsibility for algorithmic transparency
In addition, delegate Le Thu Ha noted that a new but very core issue is digital power governance.
“Who is responsible when digital platforms manipulate data, when algorithms create bias, and when misinformation spreads?”
By asking such a question, the delegate said that the draft Law has not clarified the responsibilities of owners and managers of digital platforms, nor has it established a mechanism to protect users and digital citizens' rights.
Therefore, delegates proposed to add prohibited acts (Article 5) such as: taking advantage of digital platforms, algorithms, AI to manipulate data, discriminate, causing a distorted impact on social perception, or not complying with requests to remove infringing content from competent authorities.
Along with that, in Chapter IV on digital platforms, the draft Law needs to clearly stipulate the responsibility for algorithmic transparency for large-scale platforms, the mechanism for providing data when legally requested, and supplement digital citizenship rights, the right to data protection, the right to access information, the right to participate in and monitor digital government activities.
“Building people's trust in the digital space is the measure of success of national digital transformation,” delegate Le Thu Ha emphasized.
Source: https://daibieunhandan.vn/can-ho-tro-doanh-nghiep-nho-va-vua-chuyen-doi-so-10394704.html
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