Commenting on the draft Data Law, some delegates suggested that the government needs to tighten regulations to control the transfer of core and critical national data to ensure security.
On the morning of November 8th, continuing the program of the 8th Session, the National Assembly discussed the draft Law on Data in the plenary hall.
The development of the Data Law project is based on a review of practical experiences over the past years; addressing existing shortcomings, inadequacies, and limitations; ensuring unified, synchronized, and effective use of information in databases to serve state management and socio-economic development, contributing to crime prevention and combating individuals who violate the law. Simultaneously, it aims to create a complete legal basis for the exploitation and operation of the national integrated database and the development of the national data center; ensuring consistency and uniformity within the legal system. It also selectively references data management laws from several countries, adapting them to the practical conditions of Vietnam.
Commenting on this draft law, some delegates suggested that the government needs to tighten regulations to control the transfer of core and critical national data to ensure security.
Some opinions suggest clearly defining which types of data are prohibited or restricted from being transferred abroad; the circumstances under which data transfer is permitted, the transfer procedures, and the responsibilities in case of incidents.
Speaking in the assembly hall, delegate Pham Van Hoa (Dong Thap) stated that the drafting of the Data Law has a legal basis; in practice, Vietnam already has 7 national databases and interconnected databases, contributing to reform and simplification of administrative procedures for citizens...
However, there are still shortcomings such as some ministries, sectors, and localities lacking sufficient infrastructure for implementation, duplicated and overlapping collected and stored data, many information systems still have security vulnerabilities, do not meet the requirements for connecting to the National Population Database, and difficulties in exploitation and interoperability... Therefore, the legalization of data is absolutely necessary.
Regarding the transfer of data abroad, delegate Pham Van Hoa suggested caution in protecting the confidential data of organizations and individuals, preventing malicious actors from exploiting it to distort facts, spread slander, or profit through various means. He emphasized the need to protect digital sovereignty and national interests while also ensuring harmony with international practices and not hindering the secure flow of data.
Also commenting on this issue, delegate Nguyen Dai Thang (Hung Yen) assessed that this is a new initiative that helps promote data exchange, access to international market information, and facilitates countries around the world in understanding Vietnam's culture, economy, politics, and society. At the same time, transferring data abroad also helps Vietnamese businesses access markets, expand financial resources, and promote strong economic development...
However, delegates argued that, in the context of strong globalization and digital transformation, the flow of data across borders is increasing; therefore, a clear legal framework is needed to strictly manage data transferred abroad.
"To protect the legitimate rights and interests of the people, the drafting agency is requested to identify the types of important data that are prohibited or restricted from being transferred abroad; regulations on storing copies of important data in Vietnam and accessing and controlling data; liability for compensation in case of data incidents; regulations on the authority of agencies in resolving and deciding on data transfer and compliance with regulations on data evaluation to avoid overlapping in management work..." the delegate emphasized.
According to the Ministry of Public Security, the agency in charge of drafting the document, the buying and selling of data in general, and the transfer of data between organizations and individuals in particular, is becoming increasingly common. This activity is gradually becoming professional, frequent, and a type of service and business channel. Many types of raw data, processed personal data, and non-personal data are transferred abroad or to foreign organizations and individuals.
This activity poses many potential risks to national security, defense, public order, and safety, especially regarding core and critical national data. Therefore, the draft Data Law clearly stipulates the requirements, conditions, and procedures for transferring data abroad, entrusting the Government with the task of providing detailed regulations.
The drafting agency requests that National Assembly deputies, experts, scientists, and businesses provide feedback to improve this regulation, ensuring effective state management while also meeting the requirements of socio-economic development and facilitating data flow.
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