In 2022, the government issued Decree 59/2022/NĐ-CP regulating electronic identity, electronic identification, electronic authentication; electronic authentication services; rights, obli
HEADING Literature review
Reason for Choosing the Topic
As digital technology continues to evolve, the need for digital government and citizenship is on the rise The introduction of electronic identification applications offers significant advantages for both the state and its citizens However, this progress comes with concerns regarding data security risks for users Consequently, the limitation of data in electronic identification processes is a critical issue that has garnered considerable attention and scrutiny from experts.
Vietnam lacks a dedicated legal framework for data limitation in electronic identification activities, relying instead on a few provisions from related legal documents like Decree 13/2023/ND-CP and Decree 59/2022/ND-CP This absence of a cohesive legal structure leads to inconsistencies and differing interpretations among these documents, resulting in challenges for effective law implementation and application.
Furthermore, this is also a relatively new field, so theoretical foundations, legal theory, as well as related research works, are still quite limited, not deeply researched and widely discussed.
After consulting with our instructors, we have chosen to focus our research on the limitations of data in electronic identification activities and its effects on the digital economy.
Research Methods
During the implementation process, the authors employed the following research methods to refine their research topic:
In this study, the authors gathered data from various sources, including books, articles, theses, and electronic libraries They carefully selected and processed relevant information to conduct an objective analysis and suggest future implementation strategies.
The article utilized the legal writing research method, focusing on the analysis of legal provisions, the study of law application, and practical law implementation This approach aimed to offer actionable recommendations that enhance the comprehensiveness of the research topic.
The research team systematically identified and classified selected data sources into relevant content sections They synthesized this information to draw conclusions grounded in research findings and the authors' academic perspectives This approach clarified the relationships among the subjects studied and effectively summarized the results of their research activities.
Research Objectives
This scientific study examines electronic identification data, focusing on the legal framework governing data limitations, its impact on the digital economy, and the rights of entities to access identification information Additionally, it explores future directions for enhancing these critical areas.
Research Scope
This research examines the limitations of data in electronic identification, focusing on two critical aspects: the restrictions faced by entities accessing identification data and the types of data utilized in the identification process By exploring these elements, the study aims to provide a comprehensive analysis of the challenges associated with data limitations in electronic identification.
This research focuses on Vietnam and other countries worldwide involved in electronic identification, examining their experiences and outcomes By analyzing the advantages and disadvantages faced by these nations, Vietnam can gain valuable insights that will significantly influence the successful implementation of electronic identification systems within its borders.
The research covers the period from before 2022 to the present, with 2022 serving as a pivotal year due to the issuance of Decree 59/2022/NĐ-CP, which established electronic identification and authentication This decree represents a significant milestone in the advancement of electronic identification in our country.
Research Goals
Firstly, to deepen and broaden the public's awareness of issues related to data limitations in electronic identification.
Secondly, to explore newer aspects concerning the current electronic identification efforts in our country.
Thirdly, to evaluate, analyze the advantages and limitations, and refine the access mechanisms of individuals to data.
Fourthly, to determine the extent of the impact of personal data on the current digital economic flow.
Fifthly, to propose solutions to overcome limitations and leverage the advantages of data limitation in electronic identification efforts.
Research Questions
To achieve the aforementioned research objectives, the study needs to address the following questions:
(i) How comprehensive is the current theoretical and legal basis related to data in electronic identification?
(ii) How is the data limitation in electronic identification currently implemented? (iii) How electronic identification data impacts the digital economy?
(iv) What arc the achievements, advantages, and limitations in limiting data in electronic identification?
(v) How does electronic identification data affect the current digital economic flow? (vi) What are the future directions to enhance data limitation in electronic identification?
CONTENT 1 Theoretical Foundation
Data Limitation and Access Rights in Electronic Identification
2.2.1 Time Limitation for State Management Organizations When Accessing Identity Data
The work of limiting electronic identity data should be transparent regarding the storage period, the authorities responsible for implementation, and management for that process14.
14 Christoff, p., & Elsa, J M (2012, October 22) Processing Of Personal Information—Processing
Limitation—Data Protection—South Africa, https://www.mondaq.corn/southafrica/data- protection/202694/processing-of-personal-information—processing-limitation
15 Clause 1 Article 29 of Decree 13/2023/ND-CP
16 Clause 4 Article 3 of Decree 59/2022/ND-CP
State agencies must establish a specific timeframe for authorized access to identity data, as outlined in Article 1, Clause 29 of Decree 13/2023/ND-CP, to protect personal information and sensitive data while ensuring compliance with data protection regulations While setting a time limit offers privacy and security benefits, it also poses risks, such as the potential loss of crucial data needed for future analyses and assessments To mitigate these risks, the Department of Administrative Management of Social Order under the Ministry of Public Security should implement clear processes and sustainable timelines for monitoring and managing the storage duration of identity data.
2.2.2 Space Limitation for State Management Organizations When Accessing Identity Data
Space limitations in project management are not static but vary based on specific procedures and structures across different fields Government agencies, including ministries and local authorities, leverage electronic identification to offer online public services like birth certificates and business licenses Additionally, healthcare and education sectors utilize this technology for managing patient records and student files The financial and banking industries rely on electronic identification for customer verification and facilitating online transactions, such as transfers and loans E-commerce platforms also employ electronic identification to authenticate customers and oversee online transactions Furthermore, it supports the management of bookings and online check-ins in tourism and transportation services Ultimately, businesses benefit from electronic identification by enhancing customer verification, providing personalized services, and tracking transaction activities, thereby establishing a more organized management framework.
Limiting access to identity data based on time and space is crucial for managing and securing personal information while safeguarding privacy rights These restrictions help prevent unauthorized access, ensuring compliance with data protection regulations However, such limitations can also hinder the use of identity data for new purposes and complicate the management of access for individuals Therefore, it is essential to implement these limitations thoughtfully to balance privacy, security, and the effective use of data.
According to Decree 59/2022/ND-CP regarding electronic identification and authentication, the Government streamlines the allocation of access and data protection responsibilities tailored to the specific fields and expertise of each state management organization.
18 Article 20.21,22 of Decree 59/2022/ND-CP
19 Clause 3 Article 23 of Decree 59/2022/ND-CP
20 Article 20 of Decree 59/2022/ND-CP
According to Articles 20, 21, and 22 of the decree, the Director of the Department of Administrative Management of Social Order at the Ministry of Public Security, along with provincial-level chiefs and district and commune police chiefs, are granted the rights and responsibilities to access, connect to, utilize, and store identity data within the electronic identification and authentication system.
According to Clause 3, Article 23 of Decree 59/2022/ND-CP, ministers of ministries, agencies, and People’s Committees of provinces and centrally-run cities are tasked with managing national and specialized databases They are also responsible for guiding the implementation of information authentication for electronic identity subjects within the databases under their jurisdiction.
Limiting subjects within state management organizations enhances the effectiveness of identity data management by ensuring that authorized departments are assigned fields that align with their expertise This targeted approach minimizes errors in the data authentication process and facilitates the correction of any issues that arise during implementation.
Based on Article 20 of Decree 59/2022/ND-CP on the Authority of State
Organizations in Issuing, Using Accounts, Deciding to Lock and Unlock Electronic Identity Accounts20.
Electronic identity users access features on the VNelD application through their electronic identity accounts The identity and electronic authentication system's establishment tasks are managed by the legal representative of the organization or authorized personnel The primary goal is to ensure quick and efficient data authentication State organizations can only access information from citizens who have registered for level 2 electronic authentication Agencies and officials input data into the system by capturing citizens' portrait photos and fingerprints for verification against the National Population Database.
Based on Article 7 of Decree 59/2022/ND-CP
In the realm of electronic identity, accessible citizen information encompasses various personal details, including the personal identification number, full name, date of birth, gender, portrait photo, fingerprints, and additional data from the national database such as residential address, passport and driver's license information, personal tax code, phone number, and email address However, the accessibility of this information is contingent upon the legal regulations and policies governing each platform and service.
21 Article 7 of Decree 59/2022/ND-CP
The long-awaited decree on personal data protection in Vietnam, enacted on April 17, 2023, marks a significant advancement in the country's legal framework, addressing the urgent need for data privacy as internet usage skyrockets to over 77 million users This decree, effective from July 1, 2023, introduces a unified definition of personal data, categorizing it into basic and sensitive types, and prohibits the sale of personal data under all circumstances unless specified by law It outlines responsibilities for data controllers and processors, establishes 11 key rights for data subjects, and requires thorough impact assessments for data transfers abroad However, challenges remain, particularly for small and medium enterprises in integrating compliance measures and for government agencies in ensuring effective oversight and independent monitoring of data protection practices.
The government encounters various challenges from societal pressures and internal management mechanisms, necessitating a flexible approach to technology development This adaptability is essential for meeting new management demands related to the review, monitoring, and evaluation of user data access and electronic identity information, ultimately aiding in the detection of personal data violations.
Entities legally permitted to access user information in electronic identity must uphold the rights and interests of individuals Importantly, Decree 13/2023/ND-CP clearly outlines the responsibilities of state agencies tasked with managing identity and electronic authentication.
The Ministry of Public Security is tasked with unifying state management of personal data protection, as outlined in Article 32 This includes guiding and implementing related activities, proposing personal data protection standards, and promoting their application Furthermore, the Ministry is responsible for establishing and managing the National Information Portal, as well as evaluating the performance of relevant agencies and organizations through inspections, control measures, and addressing complaints and violations regarding personal data protection regulations.
23 Article 32 of Decree 13/2023/ND-CP
24 Article 33 of Decree 13/2023/ND-CP
25 Article 34.35 of Decree 13/2023/ND-CP
Article 33 outlines the responsibilities of the Ministry of Information and
The Ministry of Information and Communications is responsible for overseeing the implementation of personal data protection regulations by directing relevant agencies It focuses on developing and guiding measures to safeguard personal data and enhance cybersecurity within the information and communication sector To maximize effectiveness, the Ministry must collaborate with the Ministry of Public Security in inspecting, monitoring, and addressing violations of personal data protection laws.
Article 34 indicates the responsibility of the Ministry of National Defense for monitoring and supervising personal data, including electronic identity data The
The Ministry of National Defense actively oversees and addresses violations of personal data protection regulations In line with Article 35, the Ministry of Public Security and the Ministry of Science and Technology collaborate to establish comprehensive standards for safeguarding personal data Each ministry plays a crucial role in managing, researching, and exchanging information to develop the most effective solutions for data protection.
Access to identity data rights is also allocated duties to each authorized agency25.
The impact of data on the digital economy
2.3.1 Overview of the digital economy.
The digital economy is understood as an economy that operates primarily based on digital technology, especially electronic transactions conducted via the Internet
The digital economy includes various sectors such as industry, agriculture, and services, where digital technology is utilized for production, distribution, and logistics This concept has gained significant prominence and evolved swiftly in recent years.
The digital economy consists of three main components:
The digital economy is fundamentally driven by data, which plays a crucial role in its lifecycle through the collection, analysis, and utilization of vast datasets Businesses, consumers, and government agencies engage with digital data not just out of curiosity, but for enhanced convenience and professionalism Despite occasional misunderstandings and errors in data handling, the significance of data in supporting informed decision-making remains undeniable.
Data enables the digital transformation of business operations and facilitates the creation of models for comprehensive analysis and quick predictions It reveals new insights into events and phenomena, assisting professionals in validating or disproving theoretical hypotheses.
Consequently, digital data necessitates significant costs for economies and infrastructure development to exploit it effectively.
Data drives businesses to analyze their operations and adopt effective management tools As a result, many initiatives focus on generating and processing data to uncover valuable insights The vast reservoir of digital data available for exploration is akin to natural resources, leading to a profound economic transformation To manage data effectively, a variety of tools and methods are necessary, but a true understanding of data's purpose is crucial for efficient extraction and utilization.
The "economy" of information transformation significantly influences consumer behavior, shaped by factors like the COVID-19 pandemic, economic downturns, and an aging population In these challenging times, marketers must explore the complexities of social communication to effectively analyze consumer behavior and understand customer preferences.
Product and service personalization is crucial, as it directly reflects the unique needs and preferences of consumers This process fosters continuous improvement through learning from errors, enhancing consumer research, and testing hypotheses As a result, it drives advancements in automated production, multifunctional robotics, innovative materials, and the development of convenient, accessible services.
Changing consumption patterns liberate us from goods and assets, offering convenience and comfort in return for shared use Furthermore, digitization offers intriguing possibilities for satisfying seemingly contradictory needs.
In response to public demand, innovative investment projects focused on developing "on demand" products are emerging, leveraging both real and virtual resources, including cryptocurrencies The digital economy offers substantial opportunities for smart consumers to engage with diverse global sectors, encompassing social and cultural values, history, religion, arts, and the environment This evolution transforms basic consumption into a more manageable experience, ensuring comfort for all while upholding moral values and traditions.
Digital technology facilitates the tracking of product origins and ensures authenticity, copyrights, and quality By integrating various control devices into a global information network, product distribution and sales will undergo transformative changes Understanding consumer needs and experiences is essential for guiding users and offering ongoing support In today's landscape, technologies, transactions, and business operations rely heavily on a solid digital foundation and a deep comprehension of consumer principles.
Management functions as an interactive system aimed at predicting, planning, organizing, implementing, monitoring, and coordinating large-scale activities to effectively utilize data for meeting humanity's growing needs This system necessitates robust support from various fields such as science, methodology, information technology, and creativity The accumulation of knowledge and expertise, along with practical experiences—including insights from both successful and failed startup projects—are vital for advancing the digital economy Furthermore, expert support and the enhancement of individual capacities within businesses contribute to their steady and secure development.
2.3.2 Digital data as a national resource, the more it is utilized, the more a country develops
The effective utilization and sharing of national data are vital for developing a digital government, society, and economy, as proper digital data usage can significantly influence economic growth In January 2023, the National Data Exchange Platform (NDXP) facilitated around 45 million transactions, averaging 1.5 million transactions daily since its launch in October.
2020, there have been over 1 billion transactions carried out through this platform
Moreover, each transaction via NDXP saves 3,000 VND for society, contributing to savings of billions of VND in expenses such as travel, document authentication, and time.
Data is increasingly viewed as a vital resource, comparable to traditional commodities like oil and coal The exploitation of data offers significant advantages, contributing to the economic growth and development of numerous countries.
The United States, Singapore, and South Korea have boosted their GDP by 1-2.5%, resulting in direct and indirect economic benefits totaling billions of USD As the global trend of government data sharing continues to grow, Vietnam must embrace this movement to remain competitive.
Nguyen Quang Dong, Director of the Institute of Policy and Development
Communication Research, affirmed that there is currently a very large amount of important data already available and continuously supplemented from state agencies.
Online public service systems and various governmental databases provide a vast amount of data; however, the challenge lies in effectively utilizing this data amid limited physical infrastructure, technology, and human resources Additionally, there is a pressing need to enhance security and storage measures to safeguard against potential cyber threats, as digital data is a lucrative target for hackers seeking substantial profits.
These statistics demonstrate the significant impact of digital data on the economy and society of a country.
2.3.3 The new production force is digital technology
To accelerate growth, a country must embrace new dimensions, including the digital economy as its new space, digital technology as its production force, digital human resources as its production resource, digital data as its production factor, and digital innovation as its driving impetus.
2.3.4 Digital transformation - a decisive turning point for business development
Digital transformation requires a holistic strategy that engages the entire population and society, placing individuals and businesses at the forefront The goal is to enhance service quality while simplifying processes, minimizing bureaucratic obstacles, and reducing opportunities for petty corruption.
Moreover, digital transformation has brought many benefits to businesses in particular and the national economy in general.
Impact of Data Limits on Vietnam's Economic Flow
Personal data has emerged as a crucial resource for numerous industries and services, significantly contributing to high-profit values within the national economy, as highlighted by Lieutenant General Nguyen Minh Chinh during the dissemination conference on Decree 13/2023/ND-CP in June 2023 in Hanoi.
Personal data is information in the form of symbols, writing, numbers, images, sounds, or similar forms in the electronic environment associated with a specific
31 Trang N T T (2023, May 11) The role of data science and big data in the digital economy Tạp chí Ngân Hang’s Magazine,
-trong-nen-kinh-te-ki-lliuat-so.htm https://tapchinganhang.gov.vn/vai-tro-cua-khoa-hoc-du-lieu-va-du-lieu- lon
32 Personal data holds a significant position, creating high economic value (2023 September 6)
In today's global landscape, data plays a crucial role across nations, necessitating careful consideration of its management The cross-border transfer of personal data is intricately linked to broader cross-border data flows As we navigate the Fourth Industrial Revolution, businesses worldwide are leveraging information technology—such as cloud computing, social networks, and electronic payments—to facilitate multinational commerce This cross-border data exchange not only boosts productivity but also opens new business opportunities across various sectors of the economy.
33 Clause 1 Article 2 of Decree 13/2023/ND-CP
I don't know!
35 Phương N L., & Đồng N Q (2021) Cross-border Flow of Personal Data: Current Situation and
Policy Recommendations Tạp chí Khoa học & Công nghệ Việt Nam’s Magazine https://vjol.info.vn/indcx.php/khcn/articlc/vicw/62227
36 Ngọc N (2818, March 5) Vietnam loses 1.7% of GDP due to restrictions on cross-border data flow Đại bicu Nhân dan’s newspaper https://daibicunhandan.vn/Kinh-tc-phat-tricn/Viet-Nam-mat-17-
GDP-do-han-che-dong-du-lieu-xuyen-bien-gioi-i 157556/
Vietnam ranks among the top ten countries globally for cross-border data flow and has been recognized as the most dynamic region in Asia for this data exchange from 2001 to 2019, according to analysis by Nikkei Asia, the International Telecommunication Union, and Telegeography.
While the digital economy presents significant growth opportunities, challenges such as data protection outside national jurisdictions, domestic IT competitiveness, and cybersecurity risks hinder its potential The Association of Chartered Certified Accountants (ACCA) highlights that Vietnam's legal framework restricts cross-border data flow due to server localization requirements, as stipulated in Decree 72/2013 This limitation may adversely affect Vietnam's GDP in both the short and long term by stifling digital economy development.
Flows: Review of relevant legal regulations and opportunities for key sectors in 5
Restricting cross-border data flow could significantly impact Vietnam's economy, with estimated damages reaching up to 1.7% of GDP and a reduction of 3.1% in domestic investment This highlights the critical importance of data accessibility for economic growth in Asian economies, including India, Indonesia, Japan, and the Philippines.
Cross-border data in Vietnam holds significant potential, contributing an estimated $1.5 billion in consumer welfare value However, its impact on the country's digital economy could be detrimental if not utilized and managed properly by economists.
General Evaluation
2.5.1 Advantages in the electronic identification data limitation work
Firstly, limiting data in electronic identification activities that are controlled and managed will contribute to enhancing the security and safety of users' data
Under the law, citizens have the right to know which entities can access and utilize their data, as well as the specific limits and scope of that access This transparency fosters greater trust and peace of mind for individuals when sharing personal information, particularly when using the national electronic identification application (VNelD).
I don't know!
38 POBIA Conditions for lawful processing and how to comply, (n.d.) Retrieved October 17, 2023, from https://www.popiact-compliance.co.za/popia-information/17-conditions-for-lawful-processing- of-personal-information
I don't know!
40 P0PỈA Conditions for lawful processing and how to comply, (n.d.) Retrieved October 17, 2023, from https://www.popiact-conipliance.co.za/popia-information/17-conditions-for-lawful-processing- of-pcrsoillail - i nlprma ti on
The management of information and data by state organizations and government agencies is governed by legal frameworks and procedural guidelines Current regulations have led to the development of strategies and the allocation of responsibilities for user data management, enabling a more organized approach to user access restrictions This represents a significant advancement for authorized state agencies Additionally, the effective operation of electronic identification data relies on the integration of both human and technological elements to maximize efficiency.
Network technology plays a crucial role in linking the Internet of Things (IoT) with smart library applications This integration enhances library services by enabling efficient data management and improved user experiences As libraries adopt these advanced technologies, they can provide more interactive and personalized services to their patrons, ultimately transforming the traditional library model into a more dynamic and responsive environment.
42 POP!A Conditions for lawful processing and how to comply, (n.d.) Retrieved October 17 2023, from https://w\yw.popiact-compliance.co.za/pQpia-information/l7-coiKlitions-for-lawful^ of-personal-information
43 P0PỈA Conditions for lawful processing anil how to comply, (n.d.) Retrieved October 17, 2023, from https://www.popiact-compliancc.co.za/popia-information/17-conditions-for-lawful-proccssing- of-personal-information
44 Giang T (2023 October 10) Overall, transformation, pervasively, Io establish and exploit digital data to create value People's Newspaper online hUp^//nhandan.yn/post-776816.html
Data users can quickly and efficiently access information through an electronic platform When reusing personal information, it is essential that the use aligns with the original purpose of its collection.
Digital transformation is a crucial undertaking for nations, making advancements in legislation and technology essential Clearly defining the boundaries of data within electronic identities plays a vital role in supporting national digital transformation efforts This progress signifies a pivotal moment in the country's journey toward digital evolution.
2.5.2 Disadvantages in the work of limiting electronic identification data
The limitation of data in electronic identification activities has brought many positive advantages, but there are still some limitations that need to be addressed and considered:
The impact on users' privacy rights is significant, as individuals often hesitate to share personal data due to fears of misuse Clear legal frameworks in our country prohibit the exploitation of user data for malicious purposes, which can hinder access to identification data Consequently, improper collection and storage of such information by relevant parties may result in violations of users' privacy rights.
In addition to individuals who contribute to the maintenance of social security and order, there are malicious actors who exploit identifiable user data through disruptive attacks, leading to social disorder and violations of cybersecurity laws.
Minister of Public Security To Lam emphasized the urgency of addressing daily threats to the national population database, highlighting that many attacks come from foreign sources He warned that without proper safety measures, the risks to data security are significant Consequently, state agencies must take proactive steps to strengthen data protection processes and reduce potential risks for users.
Data collection methods currently face limitations that can lead to inaccuracies, particularly due to varying levels of cultural literacy among citizens in different regions In remote and underdeveloped areas, where illiteracy and limited communication skills are common, the information gathered may be incomplete or improperly documented, rendering it inadequate for its intended purposes.
45 Trinh K (2018, October 21) Some challenges in I he process of collecting populaiion information in
I don't know!
The unintended consequences of integrating the entire user data system of
VNeiD poses a significant challenge, as users may inadvertently misplace devices that hold their electronic identification application In the event of losing a device with an electronic identification account, individuals have the option to secure their account by initiating a lock, as outlined in Article 1, Clause 9 of the relevant decree.
If a mobile device is lost, individuals not only worry about the safety of their personal data but also encounter significant challenges in restoring the data from the lost device This data recovery process can be cumbersome and complex, particularly within the current framework of electronic identification operations For assistance, individuals can refer to the regulations outlined in 59/2022/ND-CP or contact the police.
2.5.3 Achievements in establishing and leveraging digital data in our country.
To date, the establishment and exploitation of digital data in our country have achieved many positive results:
Integrated platform and sharing of national data
National database on population 1.2 billion authenticated requests
National insurance database 91 million individuals
National database on officials, civil servants, and public employees
100% coverage of all ministries, sectors, and localities.
Table I: Achievements in establishing and leveraging digital data in our country46.
46 Numeric data is a national resource; the more it is exploited, the more the country1 develops (2023,
October 10) Việt Nam Hội Nhập, https://vietnamhoinhap.vn/vi/du-lieu-so-la-tai-nguyen-quoc-gia- cang-khai-thac-thỉ-dat-nuoc-cang-phat-trien-45412.htm
The Government Electronic Portal has issued Decree 13/2023/ND-CP, which focuses on the protection of personal data rights and the prevention of personal data violations This decree, dated May 17, 2023, establishes important guidelines to ensure the safeguarding of individuals' personal information and to mitigate any unlawful actions that may infringe upon these rights.
2.5.4 Evaluating the legal regulations on personal data protection in electronic identification.
CONCLUSION
Some recommendations to improve data limitation work
3.1.1 Intensify' publicity on data limitation work
Understanding electronic identification and data regulations is crucial, as these concepts are still relatively new and not widely known Individuals must actively educate themselves on how state agencies utilize their data to mitigate fears associated with sharing personal information A clear grasp of data access limitations can prevent unintentional leaks of sensitive information and the potential risks associated with them Therefore, it is essential for the government to implement specific measures to effectively and comprehensively disseminate information regarding electronic identification to the public.
3.1.2 The law needs to specify' the entities authorized for access.
Within the current legal framework, there are some basic provisions regarding which entities are allowed to exploit the data of electronic identity subjects
Article 5 of Decree 59/2022/ND-CP outlines the rules for "Exploitation of information in the electronic identification and authentication system," designating state agencies, political organizations, socio-political organizations, public service providers, and users themselves as authorized entities to access user data To enhance transparency, management agencies are required to clearly specify which department or position has the authority to issue directives, ensuring that individuals understand who can access their information This clarity aims to instill confidence in users when sharing personal data through electronic identification applications.
52 Article 5 of Decree 59/2022/ND-CP
3.1.3 Establishing more detailed access limitations
Electronic identification data plays a crucial role in streamlining administrative processes while safeguarding against data breaches and malicious activities To ensure the legal use of personal data, it is essential for legislation to clearly outline the implementation procedures, handling protocols, and the specific entities responsible for adhering to these regulations.
53 Christoff, p., & Elsa, J M (2012, October 22) Processing Of Personal Information—Processing
Limitation- Data Protection- South Africa https://www.mondaq.com/southafrica/data- protection/202694/processing-of-personal-information—processing-limitation
Establishing detailed access limitations is crucial for ensuring transparent and responsible data management Specific rules must be implemented to restrict the sharing of personal data with social and political organizations These regulations should clearly outline who is authorized to access and process identification data, permitting only those individuals necessary for specific tasks to handle such information.
Ensuring safe data access in compliance with personal data protection regulations is crucial Decree 13/2023/ND-CP outlines the rights and obligations of data subjects, emphasizing the importance of safeguarding personal data during processing These regulations not only address scenarios requiring personal data processing but also include specific provisions tailored to various situations.
3.1.4 Regulation of sanctions for violators
Citizen compliance with the law is essential for national development The successful implementation of Project 06, which focuses on developing data applications for population identification and electronic authentication, is vital for advancing the national digital transformation from 2022 to 2025, with a long-term vision extending to 2030, as outlined in Decree 59/2022/ND.
CP does not require citizens to register identification accounts and imposes no penalties for non-compliance However, to promote development, the state should not only publicize and encourage adherence but also implement strict measures against citizens Ultimately, identity verification offers numerous benefits that can enhance overall progress.
Unauthorized access and use of personal information is subject to disciplinary measures and administrative penalties under Article 30 of Decree 14/2022/ND-CP in our state, with fines ranging from 40 million to 60 million.
Vietnamese Dong for violations and from 20 million to 30 million Vietnamese Dong for unauthorized use contrary to pre-agreed purposes54.
54 Clause 30 Article 1 of Decree 14/2022/ND-CP
55 Article 174 of the 2015 Penal Code, amended and supplemented in 2017
For actions exceeding "limits" with the intent of fraud or misappropriation, our law has provisions for criminal liability pursuit, combined with Article 174 of the
Penal Code 2015 In addition to compensation, individuals or organizations found in violation may be prohibited from assuming positions or jobs55.
To enhance data control in the modern age, the state must establish more specific regulations on sanctions to ensure effective enforcement and limit data access to permitted boundaries Additionally, increasing penalties for violations will further strengthen these measures.
3.1.5 Enhancing and maximizing resource utilization in implementation work
Vietnam's electronic identification resources are progressively advancing, with improvements in both human and material aspects While there is a significant workforce in this sector, the existing infrastructure and equipment are still only partially sufficient for the effective operation of identification systems Key challenges include data limitations and access rights, which necessitate a skilled workforce and modern infrastructure to boost capabilities in information processing, reception, and storage.
To address the growing demand for electronic identification, universities must actively enhance their training programs to cultivate skilled professionals By engaging experts and researchers in diverse projects, institutions can create effective solutions to upgrade equipment and infrastructure, thereby supporting electronic identification initiatives that safeguard personal information for both businesses and individuals.
3.1.6 Collaboration among agencies and experts in the fields of economy and law
Collaboration between state agencies and experts in economics and law is crucial for addressing the challenges of data limitation in electronic identification, which directly affects the digital economy Each agency and expert brings valuable insights from their respective fields, making it essential to work together in researching, proposing, and implementing strategies that balance the interests of all parties involved This cooperative approach not only enhances the effectiveness of data limitation efforts but also fosters a positive impact on the digital economy.
3.1.7 Lessons learned from the International Legal Perspective
Countries worldwide have distinct governance and regulations concerning data limitations and personal data protection, with many adopting the "smart city" model to effectively manage data and associated risks This model is widely recognized globally, presenting an opportunity for Vietnam to learn from its implementations to improve personal data management practices.
A "smart city" is a model that leverages technology to enhance city networks and services, ultimately benefiting residents and businesses By fostering efficient implementations, smart cities promote economic and administrative growth, creating favorable conditions for various sectors within the economy.
In smart cities, data controllers are responsible for processing personal data while adhering to key principles from the initial collection stage They may gather personal data to enhance city services like smart transportation, smart grid solutions, improved public safety, and health and social welfare initiatives Further processing of this data is permissible as long as it remains compatible with the original purposes for which it was collected, allowing for a degree of flexibility in its use This approach promotes the continued processing of data as long as it aligns with the original intent.
Sum up
The recent promotion of electronic identification has raised significant concerns regarding the security of users' personal data This apprehension about the safety of citizens' massive data systems poses a considerable barrier to widespread public acceptance and implementation Consequently, it is crucial to focus on and analyze the limitations of data access to address these concerns effectively.
This study explores the critical issues of data limitation and protection, focusing on the legal responsibilities of government agencies in electronic identification It aims to answer key research questions while highlighting the close relationship between personal data and the digital economy By effectively implementing data limitation in electronic identification, significant benefits can be realized for the digital economy, acting as a vital resource and catalyst for economic growth across nations.
Current legal documents and research on data limitation exhibit significant shortcomings in both quantity and analytical depth This study outlines the pros and cons of existing data limitation principles and their effects on the digital economy, offering targeted implementation strategies By exploring innovative approaches, the study aims to present feasible recommendations that resonate with societal needs, ultimately enhancing legal frameworks, operational mechanisms, and raising awareness among individuals, agencies, and organizations involved in electronic identification activities.