Transferring data abroad to foreign organizations and individuals as stipulated in the draft Law on Data is a new and complicated issue, with different opinions, and currently there are some representative agencies, foreign organizations and enterprises sending their opinions and recommendations. Therefore, how to strictly regulate the transfer of data abroad to foreign organizations and individuals is an issue that is being raised.
In fact, this is not only a difficult and new draft law, but also complicated when, after review, there are currently 69 laws with regulations on databases (including national databases and specialized databases). It is worth mentioning that Article 25 on transferring data abroad to foreign organizations and individuals is receiving the attention of National Assembly deputies as well as public opinion today.
National Assembly Deputy Nguyen Tam Hung (Ba Ria - Vung Tau Delegation) said that the draft Law regulates the transfer of data abroad but has not clarified the types of data that are prohibited or restricted from being transferred abroad and the specific procedures. In the context of internationalization, the transfer of data across borders requires a clear legal framework to protect the country's digital sovereignty . Therefore, it is necessary to clarify the types of data that are prohibited or restricted from being transferred abroad and the detailed procedures to protect the legitimate rights and interests of citizens.
Regarding this issue, National Assembly Deputy Pham Van Hoa ( Dong Thap Delegation) also expressed his opinion that it is necessary to be careful in protecting confidential data of organizations and individuals, not allowing bad guys to take advantage of it to distort, defame, and profit in many different ways, protecting digital sovereignty and national interests but also ensuring harmony with international practices, not hindering data security and border freedom. In addition, it is also necessary to specifically identify cases of prohibition or restriction on going abroad. Mr. Hoa agreed with the Government's assignment of specific regulations on this content in Clause 4 of the regulations for organizations and individuals.
At the 39th session, the National Assembly Standing Committee gave opinions on a number of major issues regarding the explanation, acceptance, and revision of the draft Data Law. Regarding the transfer of data abroad to foreign organizations and individuals, Mr. Le Tan Toi - Chairman of the National Assembly 's Committee on National Defense and Security said that the regulations on the transfer of data abroad to foreign organizations and individuals aim to strictly manage important data and core data to ensure national defense, security, national interests, and the rights and legitimate interests of citizens.
Currently, the buying and selling of data in general and the transfer of data between organizations and individuals are increasingly popular. This activity has many potential risks affecting national defense, security, order and social safety; especially core data and important data. Many countries in the world have also had regulations to limit and control the transfer of this data abroad, to ensure the security of data resources.
However, the Standing Committee of the National Defense and Security Committee finds that this is a new and complicated content, with different opinions, and currently a number of representative agencies, foreign organizations and enterprises have sent their opinions and recommendations. To ensure feasibility, suitability with reality and flexibility in the management process, the Standing Committee of the National Defense and Security Committee proposes to only stipulate basic and principled contents in the draft Law and assign the Government to specify details.
Vice Chairman of the National Assembly Nguyen Khac Dinh raised the issue that the draft Law has provisions on transferring core data and important data abroad; transferring core data and important data to foreign organizations and individuals and processing core data and important data abroad, so it is also necessary to raise the issue of how to transfer data from abroad to Vietnam?
According to Mr. Le Quang Huy - Chairman of the National Assembly's Committee on Science, Technology and Environment, the cross-border flow of data from within the country to abroad is important because it is also related to digital data and national sovereignty. However, Mr. Huy said that only a framework should be prescribed because this field is very new, diverse, and complex, and it is impossible to foresee all situations that may occur in the future. Then, the Government will be assigned to provide detailed regulations so that, depending on each period, there will be adjustments at the level of sub-law documents.
Regarding the content of transferring data abroad, the National Assembly Standing Committee has proposed to redesign this to both meet management requirements and facilitate domestic and international data flows. Due to the urgency, the Government requests to approve the draft Data Law in 1 session (8th Session).
When concluding the content of the draft Law, Vice Chairman of the National Assembly Tran Quang Phuong said that the National Assembly Standing Committee basically agreed that the draft Law on Data is qualified to be reported to the National Assembly for approval at the 8th Session. Mr. Phuong said that for new issues, only the framework and principles are stipulated and the Government is assigned to specify details to facilitate implementation; meeting the requirements of both management and unlocking data resources.
As expected, on the last working day of the 8th Session (November 30), the National Assembly will vote to pass the Data Law if eligible.
The buying and selling of data in general and the transfer of data between organizations and individuals are increasingly popular. This activity has many potential risks affecting national defense, security, order, and social safety... Many countries in the world have regulations to limit and control the transfer of data abroad to ensure the security of data resources.
Source: https://daidoanket.vn/thong-nhat-giao-chinh-phu-quy-dinh-chi-tiet-viec-chuyen-du-lieu-ra-nuoc-ngoai-10294764.html
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