VU TRAN TU LINH 453334 CHILDREN’S DATA PROTECTION IN INTERNATIONAL LAW, LAW IN SOME REGIONS AND REFERENCES TO VIETNAM GRADUATION THESIS VU TRAN TU LINH 453334 CHILDREN’S DATA PROTECTION IN INTERNATIONAL LAW, LAW IN SOME REGIONS AND REFERENCES TO VIETNAM Major: Public International Law GRADUATION THESIS SUPERVISOR La Minh Trang DECLARATIONS Ihereby state that this thesis is my original work The references and data used in this thesis are accurate and trustworthy./, Approval of Supervisor Author of thesis La Minh Trang LIST OF ABBRE VIATIONS CNIL : Commission nationale de l’informatique et deslibertés CoE : The Council of Europe COPPA : The Children’s Online Privacy Protection Act of 1998 DPA : The Data Protection Act 2018 DPD : The Data Protection Directive (Directive 95/46/EC) EU : The European Union GDPR : The General Data Protection Regulation ICCPR : The International C ovenant on Civil and Political Rights ICO : Information C ommissioner’s Organization ICRMW : The International Convention on the Protection of the Rights of All Migrants Workers and Members of Their Families ISS : Information Society Services MPL : The Minors Protection Law OECD : The Organization for Economic Cooperation and Development p 3PAB9 para : paragraph PIPL : Personal Information Protection Law UDHR : The Universal Declaration of Human Rights UN : The United Nations UNCRC : The United Nations C onvention on the Rights of the Child UNICEF : The United Nations Children's Fund TABLE OF CONTENTS Witla: Page S2 aSia002 Saat a Ee en ee Ae Pee DOCG QHONS 8c 010i bu sdoaSdtlAiBRusfsod lu haaiotdluiAäxGU8u004áángÄ6aá¿¿2ii28i0sdtxk”t TASH Of CDOT VIA ONS 3 ¡:: ii csin 0i 4 nh ti han tin gan 1g3 005481 40120348685x836G032200860s88x35sxasassoIfE Table of Contents : AV 1. Rationale of the research. Objectives and tasks of the research. : § š3SgšHà Öás dieu 3986:5002 3.1 Objectives of the researcl.2 Tasks of the research.
Subject and scope of the research. Research methodologies and methods : é šÿSgốxa4i6140 Ta) 6. Structure of the dissertation. HANES aU : ee CHAPTER 1: THEORETICAL ISSUES AND CHILDREN’S DATA PROTECTION IN INTERNATIONAL LAW.1 Background on right te privacy and data protection in international law .1 The concept of right to privacy and data protection .2 The linkage between the right to privacy and data protection.2 Analysis of children’s data protection in internationallaw.1 Significance of children’s data protection .2 Legal gaps in children’s data protection.
saestvcninnsseestt i san 16 CHAPTER 2: LAWS ON CHILDREN’S DATA PROTECTION: A 2.1 The European law on children’s data profection.1 The European Unmiøn law.23 iADT NG Frame le ND: 2251202200080 0600 00000512451 GMRASUVESGUUAndrcebisi22 2.2 The Chinese law on children’s data profecfien.3 Evaluation of law on children’s data protection under foreign law. 33 CHAPTER 3: CHILDREN’S DATA PROTECTION IN VIETNAM AND SOME RECOMMENDATIONS. ESRI RRR SR SO.1 Overview of the legal framework for personal data protection .1 Pre-adoption of Decree No. 13/2023/NĐ-CP on Personal data protection .2 Legal Evolution Post-Decree No.13/2023/ND-CP ou Personal data D22 27 77 TRO TA SF aes SOREN St AS a RR a VU 3.2 Overview of the legal framework for children’s personal data protection .1 General provisions ơn children’s data profecfion.2 Specific provisions on children’s data profecfiơn.3 Assessment of the legalframework for children’s data protection .4 Practices of children’s data profecfiøi.3 Recommendations for improving children’s data protection in Vietnam .1 Recommendatious for improving the legalframeworkfor children’s data s27 207 TY TP TU TY ane daa 7 9n n0 cà TU or 9.2 Recommendatiousfor improving the implementation of provisious on childrem’s data pYofe€fiØi4.- -- 5-5 22t SE TH ey 57 59.
Rationale of the research Nowadays, the Internet and its adjunctive technologies have become significant, even enmeshed in all areas of children’s lives, making the processing of their data easier than ever. Children’s data is often processed by governments, businesses, and other orgenizations to make assessments and determinations of their needs, abilities, and prospects, and therefore are underpinning for various services used for and by children. As a result, it is evident that data collection and processing can offer children great opportunities and have the potential to improve many facets of their daily lives. However, children’s data can be at stake of inappropriate processing as children often use the Internet without truly understanding how their data is processed and their ramifications.
Additionally, the obliviousness of parents, poor data protection systems, or inadequate legal frameworks for data protection can all lead to children’s data breaches. InVietnam, children’s data islegally protected by various legal documents. Ofthese, there is the Decree 13/2023/ND-CP on Personal Data Protection in which provisions dedicated to children are considered relatively pertinent to international standards, proving the Vietnamese legal framework for children’s data protection to be on the right track. Nevertheless, there are still significant gaps in the legal framework.
In addition, Vietnam currently has few relevant works of research, thus lacking the scientific basis to formulate the State’s policies and laws on children’s data protection. Aware of the importance of strengthening the legal framework for children’s data protection in Vietnam, the author decided to choose the topic of: “Cluildren’s data protection in international law, law in some regions, and references to Vietnam” for the research 2.1 Foreign researches There are some notable pieces of research that discuss directly children’s data protection by foreign authors, in which they interpret the concepts related to children’s data protection as well as analyzing the most outstanding points of the legal framework for children’s data protection in international law and law in some regions, as stated below: Firstly, “Consent for processing children’s personal data in the EU: following in USfootsteps?” by Milda Macenaite and Eleni Kosta in 2017. This article a thorough evaluation of General Data Protection Regulation (GDPR) provisions related to consent of minors, comparing them to the COPPA requirements to pinpoint pitfalls and lessons to be deduced prior to the implementation of the new regulations in the EU. Secondly, “Children’s data and privacy online: growing up in a digital age: an evidence by Sonia Livingstone et al.
This article identifies the available research on the way children understand value, and negotiate their personal data and privacy online, from which it calls upon a more comprehensive and policy-relevant approach to researching children’s practices and understanding of their privacy implications of engaging in the current digital environment. Thirdly, “Children’s reflections on privacy and the protection of their personal data A child-centric approach to data protection informationformats“ by Ingrida Mikeite et al. This article focuses on the understanding and insight of children on privacy and data protection From this, it offers recommendations on how exactly information about privacy and data protection should be provided to them, suggesting both the policymaking and practical design of privacy and data policies by actors processing children’s data. Fourthly, the “In the Name of Protection — A Critical Analysis of Chỉna's Legal Framework of Children’s Personal Information Protection in the Digital Era” by Guan Zheng and Jinchun Shu, 2023.
This article offers an in-depth analysis of China’s legal framework for children’s data protection in the digital era provided for in the field of privacy law and family law. Fifthly, “Theory and practice: the protection of children’s personal information in China” by LuZhang and Konrad Kollnig, 2024. This article analyzes regulations on the sensitivity of children’s data and particular requirements for consent to the processing of children’s data provided for in China’s personal information protection act, as well asits practical implementation.2 Domestic researches Currently, most of researches related to children’s data protection in Vietnam are in form of articles, such as the “Responsibilities to Protect Children in Cyberspace: Analysis of Legal Regulations in Vietnam” by Tran Thanh Khoe, 2023, International Journal of Social Science and Human Research; the “Hoan thien gig’ dinh cua phap luat ve bao ve quyen rieng hi cua tre em” [Improvements of Legal Regulations on Protection of Children’s Privacy] by Pham Thi Duyen Thao et ai, 2019, Journal of Legislative Studies, the “Children’s data protection in Vietnam: Legal framework and challenges” by Minh Tuan Dang and Thu Anh Doan, 2023, Journal of Law Sustainable Development, etc. It is apparent that these articles mostly discuss the concepts relating to the protection of children’s data, such as the protection of children’s rights in cyberspace, especially their right to privacy.
Meamvhile, the articles discussing directly personal data protection hardly aiming at children but the masses, such as the “Thue trang phap luat ve bao ve thong fin ca nhan o Viet Nam lien nay va huong hoan thien” [Current Legal Regulations on Protection of Personal Information in Vietnam and Recommendations for Improvements] by Nguyen Van Cuong, 2020, Journal of Legislative Studies, the “Bao ve dt lieu ca nhan trong gia đoan chuyen doi so tai Viet Nam” [Personal Data Protection during the Digital Transformation Period in Vietnam] by Duong Yen Nhu and Nguyen The Long, 2024, Journal of Democracy and Law; the “Bao ve quyen doi voi du lieu ca nhan trong phap luat quoc te, phap luat o mot so quoc gia va gia tri than khao cho Viet Nam” [Protection of Rights to Personal Data in International Law, Laws in some C ountries and References to Vietnam] by Vu Cong Giao and Le Tran Nhu Uyen, 2020, the Journal of Legislative Studies, etc. Along with these articles, Vietnam now has several works of research on children’s data protection Existing researches on the topic of personal data protection mostly refer to the protection of personal data of the masses. One of the most prominent work to be found is the Master thesis named “Bao ve du lieu ca nhan — mot so van de ly luam va thuc tien” [Personal data protection — Some theoretical issues and practices] by Pham Hoang Thanh, Hanoi Law University. Objectives and tasks of the research 3.1 Objectives of the research The research aims at analyzing theoretical basis of children’s data protection as well as evaluating the current legal framework for children’s data protection to provide some recommendations for the improvement of Vietnamese regulations on children’s data protection.2 Tasks of the research Firstly, to analyze theoretical issues related to children’s data protection.
Secondly, to look into research children’s data protection within the international scope as well as legislation in some regions and in Vietnam. Thirdly, to introduce some recommendations to promote strength and improve upon the limitations of current Vietnamese regulations on children’s data protection. Subject and scope ofthe research The main subject of the research are theoretical issues and practical legislation on children’s data protection. Regarding the substance of the research, it covers: () relevant theoretical issues, including the introduction of concepts and linkage between the right to privacy and data protection, as well as the significance of children’s data protection; and (4) practical legislations, in which the research analyzes and evaluates the legal framework for children’s data protection in international law, law on some regions, and Vietnam.
Regarding the aerial scope, the research mainly covers the European Union (EU) and Vietnam territories. Furthermore, to provide additional arguments, the research also stretches its scope out to China. Regarding the time scope, the research focuses on the period of time from 2016 to the present. This is the time when the General Data Protection Regulation (GDPR) was adopted marking a significant milestone of global personal data protection.
Research methodologies and methods The research is based on the theory of Marxism-Leninism, the dialectical as well as historical materialist methodologies. During the research process, the author uses various researching methods to clarify different aspects of the problem, consisting of the historical, analytical, statistical, comparative, and deductive methods 6. Structure of the dissertation The dissertation consists of three parts: () the introduction, (ii) the main content which includes three chapters, and (iii) the conclusion. Within the scope of research, Chapter | refers to theoretical issues and international lew on children’s data protection.
Chapter 2 focuses on the legislation on children’s data protection in some regions. Chapter 3 reviews current Vietnam regulations on children’s data protection and draws out some recommendations for legislative improvement.