Reporting on the reception, explanation and revision of the draft law, Chairman of the National Defense, Security and Foreign Affairs Committee Le Tan Toi said that the draft law no longer stipulates administrative procedures, procedures and documents but assigns the Government to stipulate; removes the provisions on business conditions for personal data protection organization services...
Chairman of the National Defense, Security and Foreign Affairs Committee Le Tan Toi
PHOTO: PHAM THANG
Previously, when commenting on the draft law, there were opinions suggesting clearly defining the responsibilities of cross-border platforms such as Google, Facebook, TikTok, etc. and requiring them to have representative agencies in Vietnam. There were opinions suggesting clarifying the scope of personal data collection and server management abroad.
According to the National Assembly Standing Committee, the revision of the draft law also clarifies the scope of application and the responsibilities and obligations that must be complied with by businesses providing cross-border platforms such as Google, Facebook, TikTok... that do not have representative offices in Vietnam and process user data of Vietnamese citizens completely outside of Vietnam's territory.
For requests for cross-border platforms such as Google, Facebook, TikTok... to have representative offices in Vietnam, the provisions of the Cybersecurity Law and the Data Law must be followed. Because these laws already have provisions requiring representative offices in Vietnam or placing servers in Vietnam depending on specific conditions.
Personal data violations subject to maximum fine of 3 billion VND
During the discussion, many opinions were given on the scope of regulation and applicable subjects, interpretation of terms, principles of personal data protection, application of law, prohibited acts, handling of violations and international cooperation.
Incorporating opinions from National Assembly deputies, the draft law has revised the concept of "personal data" and added definitions of "basic personal data", "sensitive personal data", "personal data protection"...
At the same time, the regulation prohibiting the buying and selling of personal data is revised, unless otherwise provided by law. The draft law also redesigns the regulation on handling violations of the law on personal data protection (Article 8) according to the nature, level, and consequences of the violation.
Specifically, the act of buying and selling personal data can be fined up to 10 times the revenue from the violation; for the act of violating regulations on transferring personal data across borders, the maximum fine is 5% of the revenue of the previous year; for other violations, the maximum fine is 3 billion VND; for individuals, the fine is 1/2 of that of organizations.
Some delegates also proposed clarifying the management purpose and removing the regulation requiring notification to the subject when recording audio or video in public places, such as traffic and security cameras. The reason is that it is not feasible and difficult to implement in practice.
The National Assembly Standing Committee said it has directed a review and revision of regulations on agencies, organizations and individuals responsible for notifying or "in other forms of information" so that personal data subjects know that they are being recorded, except in cases where the law provides otherwise.
This regulation aims to protect the right to know of personal data subjects, to avoid cases of non-public recording and illegal use that affect the person being recorded.
In addition, personal data collected from recording and filming activities in public places and public activities shall only be stored for the period necessary to serve the purpose of collection, unless otherwise provided by law. When the storage period expires, it must be deleted or destroyed...
Thanhnien.vn
Source: https://thanhnien.vn/du-lieu-ca-nhan-tu-camera-giao-thong-quan-ly-ra-sao-185250625225308928.htm
Comment (0)