Vietnam's Cyber-Security Law Strengthens Privacy… A Bit

(2016) 141 Privacy Laws & Business International Report, 26-27

3 Pages Posted: 17 Aug 2016

See all articles by Christian Schaefer

Christian Schaefer

Asia Counsel Vietnam

Graham Greenleaf

University of New South Wales, Faculty of Law

Date Written: May 30, 2016

Abstract

Vietnam’s new Law on Cyber-Information Security, which came into effect on 1 July 2016, is a law enacted by the National Assembly, so it is the second highest form of legislation in Vietnam. This article assesses whether the Law’s scope, and the data privacy principles it sets out, significantly expand Vietnam’s existing data privacy laws, which are scattered across various regulations that apply to the IT, telecommunications, banking, e-commerce and consumer privacy sectors.

The Law provides clearer concepts of personal information and processing, but with a focus limited to commercial processing and only in cyberspace. The law is unusual in that it defines ‘cyberspace’ so as to suggests that the scope also includes VPNs and possibly certain intranets. Within this limited scope, the Law sets out what is probably the most comprehensive set of data privacy principles yet found in a Vietnamese law. However, it is unclear what the sanctions for the violations committed by organisations are under the Law until implementing regulations provide more details on consequences for violations by organisations.

Keywords: privacy, data protection, Vietnam, Asia, cyber-security

Suggested Citation

Schaefer, Christian and Greenleaf, Graham, Vietnam's Cyber-Security Law Strengthens Privacy… A Bit (May 30, 2016). (2016) 141 Privacy Laws & Business International Report, 26-27. Available at SSRN: https://ssrn.com/abstract=2824405

Christian Schaefer

Asia Counsel Vietnam ( email )

5th Floor, 18HBT
16-18 Hai Ba Trung Street-District 1
Ho Chi Minh City
Vietnam

Graham Greenleaf (Contact Author)

University of New South Wales, Faculty of Law ( email )

Sydney, New South Wales 2052
Australia
+61 2 9385 2233 (Phone)
+61 2 9385 1175 (Fax)

HOME PAGE: http://www2.austlii.edu.au/~graham

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