Personal data is information in the form of symbols, letters, numbers, images, sounds, or the like on an electronic medium that is associated with a particular person or helps to identify a particular person. Decree No. 13/2023/ND-CP on personal data protection issued by the Government, effective July 1, 2023, has the following notable points.
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Firstly, there are 5 cases where personal data is processed without the consent of the data subject:
(1) In an emergency, the relevant personal data should be immediately processed to protect the life and health of the data subject or others;
(2) The disclosure of personal data in accordance with the law;
(3) The processing of data by the competent state authority in the event of an emergency;
(4) To fulfill the contractual obligations of the data subject with relevant agencies, organizations and individuals as prescribed by law;
(5) Serving the activities of state agencies as prescribed by specialized laws.
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Second, measures to protect personal data.
Personal data protection measures are in place from the very beginning and throughout the processing of personal data. Measures to protect personal data, including:
- Management measures;
- Technical measures;
- Competent state management agencies took measures;
- Investigation and procedural measures implemented by competent state agencies.
Third, conditions to ensure the protection of personal data.
- Personal data protection force;
- Agencies, organizations and individuals are responsible for propagating and disseminating knowledge and skills, raising awareness of personal data protection for agencies, organizations and individuals;
- Ensure facilities and operating conditions for the Agency in charge of personal data protection.
Fourth, the agency in charge of personal data protection: the Department of Cybersecurity and high-tech crime Prevention and Control - Ministry of Public Security.
Fifth, violations of personal data protection regulations can be criminally prosecuted.
Decree 13/2023/ND-CP takes effect from July 1, 2023.
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