Dr. Nguyen Thi To Uyen and Assoc. Prof., Dr. Tang Thi Thu Trang
Institute of State and Law, Ho Chi Minh National Academy of Politics
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| Staff guide a resident in using an AI-powered public service kiosk at a commune-level public administration service centre in Lang Son province__Photo: Quang Duy/VNA |
Theoretical and legal foundations on human rights in the digital age
Human rights in the digital age encompass the fundamental rights and freedoms recognised under international and national laws and protected through information and communications technologies and data platforms. The concept also covers legal mechanisms designed to safeguard individuals against risks arising from digitisation and automation.
The development of digital technologies, big data and artificial intelligence (AI) are creating new challenges for human rights protection. Privacy, personal data protection, freedom of expression, access to information and equality are taking on broader dimensions in digital space, requiring the State and society to develop adaptive safeguards during digital transformation.
The rights to privacy and personal data protection are recognised in Article 12 of the 1948 Universal Declaration of Human Rights and Article 17 of the 1966 International Covenant on Civil and Political Rights (ICCPR). In the digital environment, these rights extend to control over identifying data, which have become central to socio-economic activities.
Personal data are regarded as an extension of human dignity, so interference with them also affects an individual’s dignity and private life. Mass surveillance, opaque data collection, online behavioural tracking and cyberattacks have therefore made legal protection of personal data an urgent priority for both the State and technology companies.
The Internet has also greatly expanded freedom of expression and access to information. Article 19 of the ICCPR protects the right to seek, receive and impart information, while requiring any restriction to adhere to the principles of legality, legitimate aim, necessity and proportionality. The 2022 Report of the United Nations Special Rapporteur on freedom of opinion and expression confirmed that these standards must be strictly observed in relation to online interference. However, disinformation, incitement to hatred and online violence have made it increasingly difficult to balance the guarantee of freedom of expression with the safeguarding of social order and safety.
Equal access to technology is another growing concern as the digital divide widens. The United Nations Educational, Scientific and Cultural Organization (UNESCO) observed in 2020 that digital equality is a prerequisite for equality of opportunity, as people living in poverty, elderly persons, persons with disabilities and ethnic minorities often have limited access to digital infrastructure, digital skills and online public services. In addition, the development of technology has given rise to emerging rights, including the right to be forgotten, right to data self-determination, right to an explanation of algorithmic decisions and right to protection against algorithmic manipulation which have been recognised by not a few countries and scholars as part of a new generation of human rights.
In particular, children’s rights in the digital environment have attracted growing attention. Article 16 of the 1989 Convention on the Rights of the Child affirms children’s rights to protection of privacy, honour and reputation and prohibits arbitrary or unlawful interference with their private lives. In the digital environment, this protection extends to excessive data collection, control over digital footprints and safe access to the Internet.
General Comment No. 25 published in 2021 by the United Nations Committee on the Rights of the Child states that children should have access to a safe, age-appropriate and non-discriminatory online environment and be protected from exploitation, abuse, bullying, harassment, behavioural tracking and the commercial use of their data. States are expected to adopt legislative, administrative and educational measures to prevent the arbitrary collection, analysis and use of children’s data. Any data processing should be carried out in the best interests of the child.
General Comment No. 25 also sets out responsibilities for digital service providers. Online platforms, Internet service providers, social media companies and technology businesses should apply the principle of “child safety by design”. Algorithms, interfaces and technologies should offer the highest possible level of protection for children and should not encourage addictive behaviour, track children excessively or exploit their data commercially.
Digital-skills education is another essential safeguard. Children should be equipped to assess information, recognise online risks and protect themselves so they can use online services safely and responsibly.
Beyond children’s rights, United Nations guidance addresses human rights protection more broadly. In 2021, the United Nations Human Rights Council affirmed that personal data are central to privacy and called on states to establish comprehensive frameworks giving individuals control over their data and ensuring transparency and accountability in their collection, processing and storage.
In 2022, the United Nations Special Rapporteur on freedom of opinion and expression stressed the shared responsibility of states and businesses to protect the right to expression on digital platforms. Any restriction must be lawful, pursue a legitimate aim and be necessary and proportionate. States should also prevent online content governance mechanisms from leading to arbitrary censorship and protect children, disadvantaged groups and other vulnerable people from online harm.
Alongside international standards, regional standards and recognised good practices provide further guidance. The European Union’s 2016 General Data Protection Regulation sets out rights of access, erasure and data self-determination, as well as transparency in personal data processing. The 2013 OECD Privacy Guidelines establish principles including transparency, purpose specification, data security and accountability. The 2021 ASEAN Data Management Framework supports common regional standards on personal data protection and cross-border data governance suited to ASEAN’s digital and digital economy conditions.
Taken together, these standards set principles that Vietnam and other countries may draw on when developing mechanisms to protect human rights online. They also promote stronger accountability among technology companies and greater protection for individuals, particularly children and disadvantaged groups.
Vietnam’s law on the protection of human rights in the digital age
Rapid digital development in Vietnam has created unprecedented opportunities for people to exercise and enjoy human rights. At the same time, it has raised legal challenges involving privacy, personal data protection, freedom of expression, access to information and equality.
In a report released in 2021, the United Nations Human Rights Council noted that rapid technological advances had increased the risk of human rights infringement, while legal systems had yet to possess sufficient capacity to regulate such conduct.
Article 14 of the 2013 Constitution of Vietnam asserts the State’s obligation to recognise, respect, protect and guarantee human rights. Article 21 protects the inviolability of private life and personal secrets, while Article 25 guarantees freedom of speech and access to information.
Although Vietnam has made significant progress in developing legislation governing cyberspace pursuant to the 2013 Constitution, the existing framework still reveals shortcomings.
The 2015 Law on Cyberinformation Security establishes fundamental principles on personal data protection, information encryption and information system security. However, it does not fully define the rights of data subjects or the obligations of data controllers, particularly in relation to sensitive data and children’s data. The 2018 Law on Cybersecurity sets out obligations of social media service providers and their responsibility to prevent the dissemination of unlawful information, but certain provisions, including domestic data-storage requirements, have prompted debate over how to balance national security with citizens’ privacy. The 2023 Law on Protection of Consumer Rights introduced safeguards for consumer data in digital transactions, requiring transparency and user consent before personal data are processed.
Freedom of expression and access to information are also fundamental rights under Vietnam’s law. Article 25 of the Constitution guarantees freedom of speech, freedom of the press and access to information. These rights have become particularly important as the Internet, social media and digital platforms serve as major sources of information and as spaces for individuals to express their views.
The Press Law (both versions of 2016 and 2025) and the Law on Access to Information (both versions of 2016 and 2026) require state agencies to provide information and protect citizens’ right of access to information. They provide a legal basis for individuals to request state authorities to provide information and exercise oversight in the public interest. However, their implementation remains limited, particularly online, where public data and information are not yet sufficiently standardised, transparent or accessible.
Cross-border platforms such as Facebook, YouTube and TikTok dominate much of Vietnam’s online information market. By January 2023, the country had approximately 70 million social media users, equivalent to 71 per cent of its population. These platforms expand opportunities for freedom of expression but also create risks, including harmful information, online violence and infringement of users’ privacy, while compliance with obligations to remove unlawful content and protect children remains inconsistent. Vietnam also lacks comprehensive mechanisms for algorithmic auditing and content transparency to ensure legality, necessity and proportionality in online information governance.
The digital divide presents another obstacle. Although Internet use has grown rapidly, the quality of digital infrastructure varies considerably, particularly between urban and mountainous areas. People living in poverty, elderly persons, persons with disabilities and ethnic minorities often struggle to access online public services, digital banking, online education and digital information. Vietnam’s law has not recognised digital equality as an independent right, thus increasing the risk of wider inequality in the enjoyment of human rights online.
Overall, the legal framework still falls short of the requirements for humans rights protection in the digital age. Rules on personal data, information security and cybersecurity remain fragmented across the Civil Code’s provisions on personal secrets, the Law on Cyberinformation Security, the Law on Cybersecurity and sector-specific instruments on e-transactions, e-commerce and consumer protection. Meanwhile, data processing and protection obligations remain dispersed across laws and sub-law documents on national defence, security, cybersecurity and personal information management in individual sectors. This fragmentation makes it difficult for organisations, businesses and citizens to identify their responsibilities, applicable compliance standards and competent enforcement authorities.
Other problems include weak enforcement, overlapping jurisdiction, inconsistent data-processing standards across health, finance and education, and uncertainty in cross-border cases involving standards such as the GDPR.
Content governance is also insufficiently clear, particularly regarding content removal, transparency and freedom of expression. Online content is governed by the Press Law, the Law on Cybersecurity and Government Decree 147/2024/ND-CP of November 9, 2024, on the management, provision and use of Internet services and online information, together with provisions on handling of unlawful content.
Decree 147 and its implementing texts clarify procedures for requesting removal of violating content and the responsibilities of service providers. However, transparency requirements, standards for removal decisions, appeal and dialogue mechanisms, and safeguards for freedom of expression remain inadequate. There are neither clear criteria for balancing freedom of expression against security and public order, nor an effective process for reviewing removal decisions. The rules strengthen removal obligations but do not ensure transparent and accessible procedures for affected users. This may lead to excessive or abusive removal, interference with freedom of expression and a lack of remedies. It may also pressure cross-border platforms to remove content preemptively to avoid penalties without giving adequate weight to freedom of expression.
Recommendations
Vietnam needs a more coherent framework for personal data protection, privacy and digital content governance. It should also recognise rights not fully covered by current regulations, including the right to be forgotten, data portability and transparency and explanation in algorithmic decision-making. Codifying these rights would give individuals greater control over their data, require greater transparency from organisations and reduce the risks of errors, discrimination and misuse. It would also support international integration and public confidence.
Greater transparency in content removal and appeals is equally important. Although Decree 147 sets out responsibilities for removing unlawful information, detailed criteria, procedures, time limits and independent appeal mechanisms remain lacking. Better rules would help balance freedom of expression with content governance and strengthen oversight.
Against this background, reforms are recommended to address the most pressing gaps in Vietnam’s legal framework for protecting human rights in the digital age.
First, legal provisions should be improved to narrow the digital divide and protect disadvantaged groups. Substantial disparities remain between regions and population groups, particularly between urban and mountainous areas and among people living in poverty, elderly persons, persons with disabilities and ethnic minorities.
Investment in broadband Internet, telecommunications infrastructure and online public services should be prioritised in mountainous, island and rural areas. Such infrastructure is essential for access to information, public services, online education and digital banking.
Second, digital skills training for disadvantaged groups should also be placed on a statutory footing, either as a compulsory educational programme or an activity eligible for financial support. Training should cover the use of digital devices, safe access to online services and identification of harmful information, reducing exclusion and enabling fuller social participation.
Children must also be protected from harmful advertising and algorithmic manipulation. This requires limits on children’s data collection, controls over content recommendation algorithms and online safety standards to prevent harm, behavioural manipulation and premature exposure to inappropriate content.
Protecting human rights in the digital age is a central task of the socialist law-rules State of Vietnam. The country has made significant progress through the 2013 Constitution and specialised legislation, particularly Decree 13. To meet the requirements of international integration and protect human rights effectively, however, comprehensive reform is needed.
Systematising the legal framework, recognising emerging digital rights, making content-removal procedures transparent, expanding the space for expression, narrowing the digital divide and protecting vulnerable groups are essential pillars of a stronger digital legal environment. These measures would protect citizens’ rights and legitimate interests while improving regulatory effectiveness, transparency and Vietnam’s capacity for international integration.-
[1] The full text of the Vietnamese version of this article was published online by Tap chi Cong san (Communist Review) at tapchicongsan.org.vn
