In a significant move toward digital transformation, Vietnam is aiming to become a digital nation with a robust governance framework for a digital economy and society built on principles of right, sufficient, clean, and livable data. The National Data Association has been established to facilitate this transition, aspiring to create a solid data ecosystem that promotes the data market, enhances national competitiveness, and ultimately transforms Vietnam into a sustainable, prosperous digital society.
The Association's goals are comprehensive. It plans to research, propose, and finalize the legal frameworks governing data to allow for maximum data circulation, connection, and sharing, while also ensuring security and sovereignty over that data. This proactive approach includes mastering essential data technologies such as artificial intelligence (AI), big data, blockchain, and cloud computing. Importantly, it will also support building advanced data infrastructures, including government and private data centers.
In a world where international cooperation is crucial, the National Data Association intends to foster global partnerships, learn from successful models, attract international resources, and engage in global data initiatives. The hope is that not only government officials but the general public expect the Association to help mitigate current issues in data management and exploitation. These issues include fragmented data infrastructures, insufficient connectivity, a shortage of skilled human resources in data management, and incomplete legal frameworks, especially concerning data privacy and security.
General Secretary To Lam emphasized the importance of technology in data management: “Data management is not only a policy issue but also a technology issue.” He noted that without effective technology, essential data processes—such as collection, storage, analysis, and sharing—cannot be safely and effectively performed.
As part of its mission, the National Data Association will focus on key programs and initiatives. These include developing a sustainable data market, creating a national data market, deploying platforms for research, fostering innovation, and providing data-related products and services. There will also be efforts to expand access to AI applications for businesses, promote data literacy among citizens, and raise public awareness regarding personal data protection and compliance with legal regulations.
However, new legal frameworks such as the Data Law 2024 also come with challenges. This legislation mandates businesses to provide and decrypt data under certain special conditions, raising concerns about potential barriers to foreign investment and the expansion of Vietnam's digital economy. For instance, Article 18 and Article 22 of the law stipulate that organizations and individuals must provide data upon request from authorities, even without consent. Such regulations may evoke apprehension regarding privacy rights and data ownership concerns.
The United Kingdom has recently drawn scrutiny for demanding that Apple create a backdoor for accessing iCloud data from users in the name of law enforcement. This request revives global discussions on the balance between privacy and security. Apple, staunchly opposed to such measures, argues that violating user privacy by creating backdoors undermines security protocols and could lead to broader implications where similar demands from other countries could arise.
Against this backdrop, the question of whether similar intrusions might manifest in Vietnam is crucial. The new Data Law allows state agencies to access and decrypt data with little transparency, which could result in extensive vulnerabilities and abuse. Critics express concerns that the vague definitions surrounding “emergency situations” could lead to widespread access to personal and sensitive data.
Furthermore, these regulations pose risks regarding multinational compliance. Should Vietnamese laws lack clarity on data protection, firms from countries with strict data protection regulations might find themselves in conflicting legal situations. This dilemma emphasizes the importance of developing clear and consistent legal frameworks to foster trust among businesses and comply with international standards.
Keeping the existing challenges in mind, businesses are urged to invest actively in security technologies and enhance their data handling processes. Without these steps, Vietnam’s aspirations toward becoming a digital powerhouse could possibly falter in the face of complex international data regulations and emerging privacy concerns.
In conclusion, with significant emphasis on enhancing the data ecosystem, Vietnam is at a crossroads where the balancing act between driving digital growth while safeguarding privacy and security needs to be navigated with precision. The future will require a cooperative effort among the government, businesses, and the citizens to work together efficiently, ensuring that during this journey toward a digital economy, the individual rights and interests of all stakeholders are well protected.
