Legal advice
Infringement of personal data could be subject to fine of up to 5% of Annual Turnover
(L&D) A representative of the Ministry of Public Security issued warning as to the situation of personal data infringement, with 110 million records having been illegally traded. The Law on Personal Data Protection will take effect from January 1, 2026, with penalties of up to 5% of annual turnover.
Regarding the issue of personal data infringement in recent times, Lieutenant Colonel Triệu Mạnh Tùng, Deputy Director General of the Department of Cybersecurity and High-Tech Crime Prevention under the Ministry of Public Security, provided information to the press at the Ministry’s press conference on the afternoon of July 7, 2025.
According to Lieutenant Colonel Triệu Mạnh Tùng, in the first six months of 2025, the public security forces detected and took action against 56 cases related to the illegal trading of personal data involving more than 110 million records.
This situation arises mainly from several reasons: First, there is currently a genuine demand for collecting personal data to serve business and production activities, and due to this demand, many organizations and individuals have carried out illegal collection of personal data for their own purposes.
Second, many controllers of information systems engaged in the collection, analysis, and processing of personal data have significant loopholes in their regulations, procedures, and rules on the exploitation and use of personal data, leading to the leakage, theft, and unauthorized use of their own personal data, that of the organizations entrusted to them for management, as well as the personal data of their customers being infringed upon.
Third, the awareness of citizens in protecting their own personal data, as well as in exercising their rights over their personal data, remains very limited. On June 25, 2025, the National Assembly passed the Law on Personal Data Protection, which will enter into force on January 1, 2026. The Law on Personal Data Protection provides for turnover-based penalties for certain particularly serious violations in personal data processing and for breaches of regulations on personal data protection, under which violators may be fined up to 5% of their turnover from the preceding year.
On this matter, Lieutenant Colonel Triệu Mạnh Tùng advised citizens: “It is necessary to promptly update and study the provisions of the Law in order to clearly understand your rights over your own personal data, so that you can require the parties engaged in analyzing, collecting, and processing your personal data to properly comply with such rights and obligations under the Law.
Agencies and organizations engaged in the collection, analysis, and processing of personal data must also research and strictly comply with the provisions of the Law to ensure that the personal data of their agencies, organizations, and units is not illegally exploited, while recognizing the risk of facing very severe penalties when the provisions of the Law on Personal Data Protection and its subordinate legislation come into force as of January 1, 2026.”
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