It is necessary to clearly identify the types of data that are prohibited or restricted from being transferred abroad.

Continuing the 38th session, on the afternoon of October 14th, under the chairmanship of Deputy Speaker of the National Assembly Tran Quang Phuong, the Standing Committee of the National Assembly gave its opinion on the draft Law on Data.

Hierarchical authority for deciding on the transfer of data abroad.

Presenting the report, Minister of Public Security Luong Tam Quang clearly stated that the development of the Data Law is extremely important, necessary, and urgent to ensure full coverage of the contents and tasks that the Government has identified in the digital transformation process.

The law also aims to enhance the effective use of information in databases to serve state management, both exploiting and applying data in socio-economic development, and tightening the management of personal and non-personal data, ensuring information security and safety.

Minister of Public Security Luong Tam Quang presents the draft Law on Data. (Photo: DUY LINH)

Regarding the scope of application, the Minister stated that this Law regulates the construction, development, processing, and management of data; the application of science and technology in data processing; the national comprehensive database; the national data center; data products and services; state management of data; and the responsibilities of agencies, organizations, and individuals involved in data-related activities.

The draft law consists of 7 chapters and 67 articles, including provisions on transferring data abroad to foreign organizations and individuals.

Specifically, Article 25 stipulates that the provision and transfer of data abroad to foreign organizations and individuals must ensure the protection of the legitimate rights and interests of data subjects, as well as the protection of national security, defense, and public interests.

Data classified as core data or critical data that needs to be provided or transferred outside the borders of the Socialist Republic of Vietnam to foreign organizations or individuals must undergo impact assessment and approval by the competent authority. For personal data, the provisions of the law on personal data protection shall apply.

Regarding the authority to decide on the provision and transfer of data, the draft Law stipulates that the Prime Minister shall decide on the provision and transfer of national core data.

The scene at the meeting. (Photo: DUY LINH)

The Ministry of National Defence is responsible for identifying, assessing the impact of, and deciding on the provision and transfer of critical data in the fields of military, defence, and cryptography.

The Ministry of Public Security, in coordination with relevant agencies, will conduct an impact assessment of the transfer of critical data not under the jurisdiction of the Ministry of National Defense. The data owner will decide on the transfer of critical data after the impact assessment has been completed.

Regulations specifying liability for compensation in the event of a data breach.

After review, the National Defense and Security Committee found that the draft Law is eligible to be submitted to the National Assembly for comments at the upcoming 8th Session.

Regarding the transfer of data abroad to foreign organizations and individuals, some argue that this is a new provision compared to the policies proposed for the law, but the submission does not clarify the necessity of this regulation. In the context of strong globalization and digital transformation, the increasing cross-border data flow requires a clear legal framework for management.

Regulations regarding the transfer of data abroad need to be carefully considered to protect the legitimate rights and interests of Vietnamese citizens concerning their personal data.

Accordingly, it is necessary to clearly define the types of critical data that are prohibited or restricted from being transferred abroad, regulations on storing copies of critical data in Vietnam and accessing and controlling data after transfer; liability for compensation in case of data incidents, regulations on the authority of agencies in deciding on data transfer, and compliance with regulations on data evaluation to avoid overlapping in management.

Deputy Speaker of the National Assembly Tran Quang Phuong delivers a speech. (Photo: DUY LINH)

The draft also stipulates the establishment of a national data center to store synchronized data from national databases, specialized databases, and other sources, creating a shared data warehouse for agencies and organizations to exploit, use, synthesize, analyze, and evaluate data for the purpose of formulating policies and socio-economic development.

The review committee generally agreed with the regulations on the National Data Center; when this Center becomes operational, it will be a prerequisite for promoting the development and exploitation of national databases to serve socio-economic development.

This contributes to achieving the goal of elevating Vietnam's digital economic development strategy to keep pace with other countries in the world, ensuring the conditions for Vietnam's development and integration with the global digital economy.

There is consensus on the establishment of a national data center; however, it is suggested that further research be conducted to develop the national data center as a government-affiliated unit to meet the requirements and tasks set forth.

In his concluding remarks, Deputy Speaker of the National Assembly Tran Quang Phuong stated that the Standing Committee of the National Assembly agreed on the necessity of enacting the Data Law and requested the Government to direct the drafting agency to finalize the draft law for submission to the National Assembly for consideration at the 8th Session, which opens on the morning of October 21st.

Source: https://nhandan.vn/can-xac-dinh-ro-cac-loai-du-lieu-bi-cam-hoac-han-che-chuyen-ra-nuoc-ngoai-post836638.html