The Ministry of Public Security has proposed that the transfer of data abroad must be evaluated by authorities to ensure national defense, security and the protection of national interests, according to a draft law on data.
Minister of Public Security Luong Tam Quang on Monday said the draft law would require all transfers of data outside Vietnam to undergo evaluation and approval by relevant authorities. For personal data, transfers must comply with the regulations outlined in the Law on Personal Data Protection.
Under the proposal, the prime minister would have the authority to make decisions on the transfer of core data. The Ministry of National Defense would evaluate the impact of transferring sensitive data related to the military and defense sectors, while the Ministry of Public Security would assess data transfers concerning non-military and non-defense sectors.
The evaluation process would focus on identifying potential risks to national security, public interest and the rights of individuals and organizations. The Ministry of Public Security would examine the legality, purpose and scale of the data transfer, as well as the risk of the data being forged, destroyed, leaked or misused. Measures to safeguard the data and protect the rights of data owners would also be assessed.
Le Tan Toi, head of the National Defense and Security Committee, emphasized the need for a clear legal framework to manage the increasing volume of data being transferred across borders. He stated that regulations should be designed to protect the legal rights and interests of the public.
The committee has requested that the draft law clearly define which types of important data should be prohibited from being transferred or allowed to be transferred under certain conditions. The draft should also include regulations on the storage of critical data within Vietnam and the management of transferred data. Additionally, it should specify responsibilities for compensation in case of data-related issues and outline the authority of entities involved in data transfers.
Le Quang Huy, head of the Science and Technology Committee, urged the draft’s creators to clarify the definition of trans-border data transfer, particularly in relation to state management and international cooperation. This clarification, he said, would facilitate the flow of data, enabling Vietnamese businesses to access international markets and supply chains and expand their financial resources. It would also help combat money laundering and corruption.
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