Processing of personal data without consent for the protection of life and health in Vietnam: A comparison with European Union Law

Objective. The study examined the legal basis for processing personal data without the data subject’s consent to protect life and health under Vietnamese law, in comparison with the European Union (EU) framework. The objective of this study was to elucidate the manner in which each system attempted to strike a balance between individual privacy and pressing medical needs. Methodology. The research employed a qualitative legal approach, integrating doctrinal, analytical, comparative, and case study methodologies. Doctrinal and analytical techniques were employed to interpret the objectives and logic of relevant provisions. The comparative method was used to identify key similarities and differences between Vietnam and the EU. Case studies were employed to illustrate the practical implementation of these rules and to reveal the challenges encountered during their execution. Results and Discussion. The findings indicated significant discrepancies between the two systems, particularly with regard to circumstances necessitating the processing of personal data without consent to safeguard life and health, the rights and obligations of relevant subjects, compliance mechanisms, and sanctions. The Vietnamese framework exhibited a comparatively less protective nature, characterized by a broad discretion granted to entities processing data without consent and a paucity of mechanisms ensuring transparency and accountability. Conclusions. While both jurisdictions acknowledged the necessity of such processing in emergency situations, Vietnam’s regulations required further refinement to better balance privacy rights with life- and health-related interests. Value. This study provided a timely assessment of Vietnam’s evolving data protection regime and offered practical recommendations to enhance legal certainty as the new Law on Personal Data Protection took effect.