The Government has recently allowed the processing of personal data of people without their consent under Resolution 13/NQ-CP dated February 7, approving the dossier for formulation of the Decree on personal data protection.
The Resolution provides that personal data of people may be processed without their consent for protection of their life and health or related people in case of emergency. Worthy of note, data controllers, data processors, personal data controllers-cum-processors, and third parties are responsible for proving the processing’s necessity.
Other cases of necessity of data processing include disclosure of personal data in accordance with law; data processing by competent state agencies in a state of emergency related to national defense, security, social order and safety, catastrophes, dangerous epidemics, risks that threaten national defense and security but not to the extent of declaration of a state of emergency, and prevention and control of riots, terrorism, criminals, and other violations; data processing for fulfillment of contractual obligations by people whose personal data are processed toward relevant agencies, organizations and individuals; and data processing serving operations of state agencies.
In addition, the Resolution assigns the Minister of Public Security, as authorized by the Prime Minister and on behalf of the Government, to report to and consult the National Assembly Standing Committee on the Decree on personal data protection.- (VLLF)
