The Government has agreed on the content that personal data can be processed without the consent of data subjects in five specific cases.

Accordingly, the Government allows the processing of personal data with no consent from data subjects in the following cases:

1.     The data processing is essential to cope with emergency situations that threaten the life, health, or safety of data owners or other individuals. The data controller, data processor, data controller and processor, third parties must be responsible for proving this.

2.     The disclosure of person data is permitted by law.

3.     The data processing is essential for matters of national security, national defense, and is done by authorized agencies in accordance with other laws.

4.     Authorized state units use the personal data to investigate and handle a law violation case in accordance with the law.

5.     The personal data are processed by authorized state agencies to serve the operation of state agencies as provided by law.

The Government has also approved the content of draft Decree on Personal Data Protection, assigned the Minister of Public Security to prepare a report about this draft Decree to submit to the Standing Committee of the National Assembly for approval, as prescribed in Section 3 of Article 19 in the Law on Promulgation of Legal Documents in 2015 (amended and supplemented in 2020).

The Government assigned the Ministry of Public Security to take the prime responsibility and work with the Justice Ministry to study and then propose the content for the Law on Personal Data Protection.

Source: Sai Gon Giai Phong

Legal gaps exist on protection of personal data in Vietnam

"There are still legal gaps on personal data protection that need to be filled in in the coming time," Dr. Chu Thi Hoa, deputy director of the Institute of Legal Sciences (Ministry of Justice) told VietNamNet.