Regulations on personal data protection in financial, banking and credit activities are specifically stipulated in the draft Law on Personal Data Protection. |
Many loopholes to fix
Although she considers herself a cautious person, Ms. VQT is still occasionally bothered by strange calls and messages fromeducational institutions, foreign language training centers, medical facilities, or quick credit lending services... Ms. T. still cannot find out why her name, phone number, family relationships... were leaked to the outside like that. Ms. T. is upset: In the age of digital technology development, transactions and personal information are updated on digital platforms but are not protected or secured, it is no different from "raising cows without a barn".
Deputy Director of the Department of Science and Technology - Mr. Nguyen Duong Anh said that the management and protection of personal data still has loopholes that affect the rights of individuals, organizations and national security. Partly because our country's legal corridor is incomplete and inconsistent. Although there is Decree 13/2023/ND-CP on personal data protection and some regulations in other laws, such as the Law on Cyber Security, the Law on Electronic Transactions..., there is still a lack of a specialized, comprehensive law on data protection.
Lack of management, security and sanctions is also the reason why the leakage, leakage and trading of personal data is widespread, from basic information such as name, phone number... to sensitive data such as bank accounts, medical records..., seriously affecting people.
In addition, even citizens, businesses and government agencies are not fully aware of the importance of data protection. People often easily provide personal information in exchange for benefits (such as free applications, promotions). Businesses underestimate the investment in security systems, leading to technological vulnerabilities, such as using outdated software and weak passwords.
Mr. Nguyen Duong Anh pointed out another limitation, which is that sanctions for violations are weak and lack deterrence. Currently, sanctions for violations of the Law on Cyber Security are mainly based on specialized laws, such as the Law on Cyber Security, but the administrative fines are low and not enough of a deterrent. Even Decree 13/2023/ND-CP has not yet specified the fines for each violation and lacks provisions on criminal liability for serious acts such as large-scale personal data trading.
Meanwhile, we still do not have an independent specialized agency or a regular inspection system to monitor compliance with the BDL. This causes many businesses to neglect building legal data processing procedures or not conducting data processing impact assessments according to regulations. Challenges from new technologies such as the development of artificial intelligence (AI), blockchain, and technologies such as Deepfake are also increasing the risk of personal data abuse. For example, AI applications that recognize faces or social networks are collecting location data and transaction history without explicit consent, potentially exposing sensitive information.
Expectations for digital data development
Ms. LHP (Phu Bai Ward, Huong Thuy Town) who regularly transacts at banks to borrow, save, and transfer money abroad to relatives is very happy and feels secure when the Law on Personal Data Protection is about to be issued. Ms. LHP shared: Through monitoring the draft Law, there are regulations on personal data protection in financial, banking, and credit activities, such as prohibiting the illegal purchase and transfer of credit information, using credit data must have the consent of the data subject, prohibiting the illegal provision and transfer of personal data between credit information service businesses, banks, insurance, finance and payment intermediaries..., these are very practical and optimal regulations to protect the rights and interests of data subjects.
The draft Law on Data Protection, consisting of 7 chapters and 69 articles, is expected to overcome existing loopholes and bring many practical benefits to individuals, businesses and society. According to Mr. Le Vinh Chien, Director of Hue City Information Technology Center (HueCIT), the law not only helps protect personal data and integrate with global standards, but also serves as a legal basis to promote the development of the digital economy and encourage the development of a legitimate data business model. The Law on Data Protection clearly stipulates the types of personal data, the rights and obligations of individuals and organizations when collecting, processing and sharing data, helping participants in the data market know what they are allowed to do and what they need to comply with, which they have long been hesitant about for fear of violating and affecting personal rights.
Mr. Chien said that although this new Law does not yet stipulate specific sanctions and measures for each violation, this will be the basis for sub-Law documents to provide more detailed regulations and help units and enterprises related to the management, exploitation and use of personal data have a "compass" to gradually improve, comply with regulations and better protect people.
The development and promulgation of the Law on Protection of Labor is receiving the approval of the whole society, because this is an important step in institutionalizing human rights and civil rights, in line with the orientation of "taking people as the center, goal and driving force" as set out in Resolution No. 27-NQ/TW, dated November 9, 2022 of the Central Executive Committee on continuing to build and perfect the socialist rule of law state of Vietnam in the new period; at the same time, promoting national digital transformation, developing the digital economy, building a digital society, meeting the requirements of international integration...
Article and photos: HOAI THUONG
Source: https://huengaynay.vn/chinh-tri-xa-hoi/luat-bao-ve-du-lieu-ca-nhan-khoa-lo-hong-khai-sang-vung-mo-153454.html
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