CONFIDENTIALITY OF PERSONAL DATA OF UNDER-18-YEAR-OLD PEOPLE WHEN RESOLVING SEXUAL ABUSE CASES

• 1. 1. 1. Legal basis
• Joint Circular No. 01/2022/TTLT-VKSNDTC-TANDTC-BCA-MQP-BLDTBXH regulating coordination between competent agencies in receiving and resolving denunciations, crime reports, and prosecuting recommendations, investigate, prosecute, and conduct first instance trials of sexual abuse cases of people under 18 years old.
  1. 1. 2. Definition of personal information protection

Personal information protection is the protection of personal data to avoid being "stolen" by hackers. Information security as well as information security in general maintains complete confidentiality, integrity, and availability of all information.

Article 38 of the Civil Code 2015 also has regulations on personal secrets and family secrets:

“1. The private life, personal secrets and family secrets of a person are inviolable and protected by law.

2. The collection, preservation, use and publication of information about the private life of an individual must have the consent of that person; the collection, preservation, use and publication of information about the secrets of family must have the consent of all family’s members, unless otherwise prescribed by law.

...”

3. Confidentiality of personal data of under-18-year-old people when resolving sexual abuse cases

In order to solve the problem of personal confidentiality when resolving cases of sexual abuse of under-18-year-old people, on February 18, 2022, Director of the Supreme People's Procuracy, Chief Justice of the Supreme People's Court, Minister of Public Security, Minister of National Defense,  the Minister of Labor, Invalids and Social Affairs issued Joint Circular No. 01/2022/TTLT-VKSNDTC-TANDTC-BCA-BQP-BLDTTBXH regulating coordination between competent agencies in receiving and resolving denunciations and information on reporting crimes, prosecuting recommendations, investigation, prosecution, and first instance trials of sexual abuse cases of people under 18 years old. Clause 4, Article 2 of this Circular stipulates the principles in resolving sexual abuse cases of under-18-year-old people “Confidentiality of personal data of under-18-year-old people in sexual abuse cases, of whistleblowers, and reporters in relations with the sexual abuse cases.” 

Therefore, within the scope of functions, competent authorities and relevant agencies, organizations and individuals that participate in resolving denunciations, information about crimes, and prosecuting recommendations, investigating, prosecuting, and first instance trials of sexual abuse cases of people under 18 years old are responsible for closely coordinating and protecting the confidentiality of information about victims under 18 years of age who are sexually abused; have timely measures to eliminate dangers and risks that may cause harmful to the victim's life, health, honor, dignity, as well as other legitimate rights; promptly collect and preserve evidence and quickly perform medical examination and treatment, help stabilize the victim's mentality, and ensure the resolution of denunciations, reporting crimes, prosecuting recommendations, investigation, prosecution, and trial quickly, promptly and pursuant to the law;

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For more information, please contact:

Hoang Pham (James) / Managing Partner at: hoang.pham@vselawyers.com

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Attention: This legal update is not an advice and should not be treated as such.