The Asia Internet Coalition (AIC) has submitted recommendations to the Ministry of Public Security (“MOPS”) and the Government of Vietnam on the Outline of Draft Decree on Personal Data Protection (“Draft Outline”). The AIC commends MOPS and the Government of Vietnam for their efforts on data protection measures. While we support these efforts to develop a legal framework for cyber and information security, we express our concerns on the requirements imposed under the Draft Outline and suggest that they are aligned with the provisions in leading global frameworks such as the EU GDPR. In particular, we recommend that the definition of “personal data” in the Draft Outline be narrowed further and the blanket prohibition on the disclosure of sensitive personal data be lifted. Additionally, the provision for registration of transfer of personal data overseas is concerning as it would disincentivize the free flow of data. We also seek clarity on the roles and responsibilities of data processors, as well as the enforcement strategy for the law.
Submission in the Vietnamese language can be accessed HERE.