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National Data Privacy Legislation |
Lao people’s Democratic Republic
Peace Independence Democracy Unity Prosperity
The President No. 117/P
Vientiane Capital, Date 23rd June 2017
The Decree of the President
of the Lao People’s Democratic Republic
On the Promulgation of the Law on Electronic Data Protection
The President of the Lao People’s Democratic Republic issues this Decree:
Article 1 The Law on Electronic Data Protection is hereby promulgated.
Article 2 This decree enters into force from the date of signature.
The President of Lao PDR
(Signature and Sealed)
Bounnhang Vorachith
Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity
National AssemblyNo. 012/NA
Vientiane Capital, Date 12th May 2017
The Resolution of
The National Assembly
on the Certification of the Law on Electronic Data Protection
Pursuant to Article 53, Section 1 of the Constitution of Lao People’s Democratic Republic (Amendment 2015) and Article 11, Section 1 of the Law on the National Assembly (Amendment 2015).
After in-depth and broad Deliberation and Consideration of the content of the Law on Electronic Data Protection by the National Assembly in 3th Ordinary Session of its 8th Legislature, on 12th May 2017.
The National Assembly Agrees that:
Article 1 The Law on Electronic Data Protection is certified with majority vote.
Article 2 This Resolution enters into force from the date of signature.
The President of the National Assembly
(Signature and Sealed)
Pany Yathotou
Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity
The National Assembly No. 25/NA
Vientiane Capital, Date 12th May 2017
The Law on
Electronic Data Protection
Chapter 1
General Provisions
Article 1 Purpose
The law on Electronic Data Protection defines the principles, regulations and measures regarding to the administration, monitoring, inspection and activation of Electronic Data Protection in order to ensure the collection, accessing, usage, and disclosing of data are safe and correct. It is also focused on the protection of rights and benefits of the state, individual, legal entities or organizations; and it aims to contribute in Socio-Economic Development of the nation, ensures the stability of the nation, peace and orderliness of the society.
Article 2 Electronic Data Protection
Electronic Data is digits, letters, motion- picture, non-motion picture, audio, video and others that keep in electronic form.
Electronic Data protection is the methods and measures to secure the data that have been administrated and stored in electronic form from accessing, using, disclosing, editing, sending, transferring and destroying without permission.
Article 3 Definitions
Terms used in this Law shall have the following meaning:
Article 4 Government Policies on Electronic Data Protection
The government considers Electronic Data Protection as one of the most important tasks in order to ensure the use of data are in security and limit of taking individual, legal entities or organizations data to use and disclose in public without permission.
The government supports and promotes Electronic Data Protection by facilitating, providing budget, building infrastructure, human resource development, researching and using modern technology for efficient and effective performance.
The government supports and enhances domestic and international individual, legal entities or organizations to contribute and investment on Electronic Data Protection.
Article 5 Principles of Electronic Data Protection
Electronic Data Protection shall base on the following principles:
Article 6 Scope of Application
This law is applicable to domestic and international individuals, legal entities or organizations that located or activated within the territory of the Lao PDR.
Article 7 International Cooperation
The government promotes international relations and cooperation with foreign countries, regional and international on Electronic Data Protection by exchanging experience, information, and technology; upgrade knowledge and technical capacity for the effectiveness of the tasks, and shall comply with international treaties and agreements that the Lao PDR is a party.
Chapter 2
Types of Electronic Data
Article 8 Types of Electronic Data
There are two types of electronic data:
Article 9 General Data
General data is the data of individual, legal entities or organizations which able to access, use and disclose, and must indicate sources of data correctly.
Article 10 Specific Data
Specific data is the data that not allow individual, legal entities or organizations to access, use or disclose without permission from the owner or relevant organizations.
Specific data includes official data and personal data.
Data Security must be ranked in official data and the procedure of accessing, using and disclosing as specified in the Article 22 in this law.
Chapter 3
Electronic Data Protection Tasks
Article 11 Electronic Data Protection Tasks
Electronic Data Protection Tasks are as following:
Article 12 Data Collection
Individual, legal entities or organizations who would like to collect data must inform the purpose and detail of the data collection to the data owner, and data administration authorities.
The collection of data must be approved by data owner and must not dissimulate or use other methods that causing misunderstanding of propose and detail of data collection.
Article 13 Inspection of Electronic Data
Data owner and data administration authority must inspect and ensure the correction and completion of data in order to ensure that the content of data is not contradict with the laws and regulations, and shall not impact on the Socio-Economic Development, the stability of the nation, peace and orderliness of the society.
Article 14 Deposit of Electronic Data
Individual, legal entities or organizations are objective to deposit or backup the electronic data with data authority for its safety must perform as following:
Article 15 Maintenance of Electronic Data
Data administration authority can maintain electronic data when necessary from the collection purpose and other purposes. Following by the personal data may be deleted or blocked from accessing, except the law specified in others.
Data administration authority must create a list of electronic data maintenance which can be easily check and the maintenance measures and methods must be safe.
Data administration authority is able to handover electronic data to other authorities and shall be agreed from the data owner.
Article 16 Using and Disclosing of Electronic Data
Data administration authority cannot provide personal data that they collected, maintained or administrated to a third person if unapproved by data owner or have been proposed from the relevant authorized government organization as specify in the law.
Article 17 Sending or Transferring of Electronic Data
Sending or transferring of electronic data shall comply as following:
Individual, legal entities or organizations cannot send or transfer personal data and official data outside the Lao PDR without permission from the data owner or if contradicts with the law.
Article 18 Accessing of Electronic Data
Individual, legal entities or organizations are objective to access the electronic data that not general data, and must propose to the relevant data administration authority as specify in the Article 16 of this law for legal consideration.
Article 19 Updating or Editing of Electronic Data
Data owner can request to data administration authority for updating or editing the electronic data, or request to stop sending and transferring the data to a third person.
After receiving the request from the data owner, the data administration authority must:
Article 20 Deleting of Electronic Data
Data administration authority must delete electronic data that they collected as proposed by the data owner or when using purpose is terminated, the collection is expired or as specify in the Article 29 section 3 of this law. Deleting of electronic data must inform the data owner, except the law is specified in others.
Chapter 4
The Measures on Securing of Electronic Data
Article 21 The Measures on Securing of Electronic Data
Securing of electronic data, the data administration authority must comply with the following measures:
Article 22 Ranking of the Official Data Security
Ranking of the official data security are as following:
Article 23 Maintenance of Electronic Data
The data administration authority shall maintain electronic data as follow:
Article 24 Security of Data Accession
Data administration authority must specify measures on data accession security for the accessible of data owner safely.
Data administration authority must facilitate the data owner for inspection, monitoring, using and searching of information must be quick, safe and up-to-date.
Data owner must be responsible for maintenance, changing and protection of his or her password for unusable of other persons.
Article 25 Codification of Data Security
Sending or transferring of important electronic data which mainly are financial, banking, investment, and accounting data via computer system. The data administration authority must use the data security code, and the electronic certificate that certified by the Ministry of Posts and Telecommunication in order to secure from unpermitted person in accessing, reading, destroying, using, disclosing, sending, transferring, editing, deleting, changing, and other acts that causing damage.
Article 26 Responding to Data Attacks
Responding to data attacks shall comply as following:
Article 5
Rights and Obligations of the Data Owner
Article 27 Rights of the Data Owner
Data owners have the following rights:
Article 28: Obligations of the Data Owner
Data owners have the following obligations:
Chapter 6
Rights and Obligations of the Data Administration Authority
Article 29 Rights of the Data Administration Authority
Data Administration Authority has the following rights:
Article 30 Obligations of data administration authority
Data administration authority has the following obligations:
Article 7
Prohibition
Article 31 General Prohibition
Individual, legal entities or organizations are prohibited to act as follow:
Article 32 Prohibition for the Data Owner
Data owners are prohibited to act as follow:
Article 33 Prohibition for the Data Administration Authority
Data administration authority are prohibited to act as follow:
Chapter 8
Dispute Settlement
Article 34 Form of the Dispute Settlement
Dispute settlement can be conducted by one of the following forms:
Article 35 Compromise Settlement
In case of causing any disputes regarding to electronic data the litigants can discuss and compromise together for the benefits of each parties.
Article 36 Administrative Settlement
In case if the dispute have been disagreed or cannot be mediated, the litigants can propose to the Administration of Electronic Data Protection for the resolution.
Article 37 Settlement by the Economic Dispute Settlement Organization
In case of causing any economic disputes regarding to Electronic Data Protection, the litigants can propose to the Economic Dispute Settlement Organization as specified in the Law on Economic Dispute Settlement.
Article 38 File a Complaint to People’s Courts
In case of causing any disputes regarding to Electronic Data Protection, the litigants can file a complaint to People’s Courts for judgment.
Article 39 Settlement with Internationally Features
In case of causing any disputes regarding to Electronic Data Protection with international features, shall comply with the relevant laws of Lao PDR, international treaties and agreements that the Lao PDR is a party.
Chapter 9
The Administration of Electronic Data Protection
Article 40 Administration Organization of Electronic Data Protection
The government is an administration center of Electronic Data Protection and unity throughout the country which the Ministry of Posts and Telecommunication is a key person in responsible and coordination with line ministries, Government Organizations equivalence to the ministry, Local Authorities, and other relevant sectors are implemented.
The Electronic Data Protection Administration Organizations comprise of:
Article 41 Rights and Duties of Ministry of Posts and Telecommunication
Regarding to the administration of Electronic Data Protection, the Ministry of Posts and Telecommunication has the following rights and duties:
Article 42 Rights and Duties of Provincial, Capital Department of Posts and Telecommunication
Regarding to the administration of the Electronic Data Protection, Provincial, Capital Department of Posts and Telecommunication have the following rights and duties:
Article 43 Rights and Duties of the Posts and Telecommunication Office of District, Municipality and City
Regarding to the administration of Electronic Data Protection, the Posts and Telecommunication Office of District, Municipality and City have the following rights and duties:
Article 44 Rights and Duties of other Sectors, Local Authorities and Components
Regarding to the administration of Electronic Data Protection; rights and duties of other sectors, local authorities, and components are to collaborate and coordinate with Posts and Telecommunication Sector in accordance with its scopes.
Chapter 10
Electronic Data Protection Inspection
Article 45 Organization of Electronic Data Protection Inspection
Organization of electronic data protection inspection comprises of:
Internal inspection organization is an administration organization of the Electronic Data Protection as specify in Article 40 of this law.
External inspection organization comprises of the National Assembly, the Provincial People’s Assembly, State Audition Organization, State Inspection Organization, Lao National Front for Development, and Mass Organization.
Article 46 Inspection Content
The inspection of electronic data protection has the following contents:
Article 47 Forms of Inspection
There are three forms of electronic data protection Inspection;
Regular inspection is an inspection with exact time and plan.
Inspection with advance notice is a non-planed inspection with advance notification to the inspected person.
Immediate inspection is an urgent inspection without advance notification.
In conducting the inspection shall strictly comply with the law.
Chapter 11
Policies toward Persons with Outstanding Achievements and Measures against Violators
Article 48 Policies toward Persons with Outstanding Achievements
Individual, legal entities or organizations with outstanding achievement in implementing this law will receive reward or other policies in accordance with the law.
Article 49 Measures against Violator
Individual, legal entities or organizations that violate this law or other relevant laws will be educated, warned, disciplined, fined or penalized depending on the degree of violation.
Article 50 Re-educational Measures
Individual, legal entities or organizations that violate this law mainly are the prohibitions that specify in this law in minor manner will be re-educated or warned.
Article 51 Disciplinary Measures
Government officials, military, police that violate this law, mainly are the prohibitions that specify in this law which is not considered as criminal offence will be disciplined as specify in the relevant laws.
Article 52 Fining Measures
Individual, legal entities or organizations that violate this law mainly are the prohibitions that specify in Article 31, 32, and 33 which are not considered as criminal offence will be fined 15.000.000 Kip.
Article 53 Civil Measures
Individual, legal entities or organizations violate this law that causing the damage to other persons shall pay the compensation of the damage that has been occurred.
Article 54 Penal Measures
Individual who violates this law which is considered as criminal offence will be penalized as specified in Criminal Law and other laws that specified criminal penalties depending on the degree of violation.
Chapter 12
Final Provision
Article 55 Implementation
The government of Lao People’s Democratic Republic is implemented this law.
Article 56 Effectiveness
This law enters into force from the date of the issuance of the promulgating decree the President of the Lao People’s Democratic Republic and fifteen days after this law is published in the Official Gazette.
Other regulations and provisions which contradict to this law are cancelled.
The President of the National Assembly
(Signature and Sealed)
Pany Yathotou
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