Chương 6 Luật Giao dịch điện tử 2005: An ninh, an toàn, bảo vệ, bảo mật trong giao dịch điện tử

Chapter VI

SECURITY, SAFETY, PROTECTION, CONFIDENTIALITY IN E-TRANSACTIONS

Article 44. Ensuring security and safety in e-transactions

1. Agencies, organizations and individuals shall have the right to select measures to ensure security and safety in accordance with the provisions of law when conducting e-transactions.

2. Agencies, organizations and individuals conducting e-transactions must take necessary measures to ensure smooth operations of information systems under their control; if causing technical errors to such information systems which cause damage to other agencies, organizations and/or individuals, they shall be handled in accordance with the provisions of law.

3. Agencies, organizations and individuals must not take any action that prevents or adversely affects the protection of security and safety in e-transactions.

Article 45. Protection of data messages

Agencies, organizations and individuals must not take any action that adversely affects the integrity of data messages of other agencies, organizations and/or individuals.

Article 46. Information confidentiality in e-transactions

1. Agencies, organizations and individuals shall have the right to select confidentiality-ensuring measures in accordance with the provisions of law when conducting e-transactions.

2. Agencies, organizations and individuals must not use, provide or disclose information on private and personal affairs or information of other agencies, organizations and/or individuals which is accessible by them or under their control in e-transactions without the latter's consents, unless otherwise provided for by law.

Article 47. Responsibility of online service-providing organizations

1. Online service-providing organizations shall have to co-coordinate with concerned agencies in elaborating management regulations and adopting technical measures to prevent and stop the use of their network services for dissemination of data messages which are against the cultural traditions, national ethics, or prejudicial to the national security, public order and safety or violate other provisions of law.

2. Online service-providing organizations shall take responsibility before law for delayed removal of data messages defined in Clause 1 of this Article, when they have received notices from competent state agencies.

Article 48. Responsibilities of agencies, organizations and individuals upon the request of competent state agencies

1. When requested by competent state agencies, agencies, organizations and/or individuals shall have the following responsibilities:

a) To store a particular data message, including the transfer of data to another computer system or another storage place;

b) To maintain the integrity of a particular data message;

c) To present or provide a particular data message, including its password and other encryption methods which they have or controls;

d) To present or provide information on the user of services in cases where the requested agencies, organizations or individuals are service providers controlling such information;

e) Other responsibilities provided for by law.

2. Competent state agencies shall take responsibility before law for their requests.

Article 49. Rights and responsibilities of competent state agencies

1. Competent state agencies shall have the following rights:

a) To search or access part or all of a computer system and data messages in such system;

b) To seize part or all of the computer system;

c) To copy and store copies of a data message;

d) To prevent access to a computer system;

e) Other rights provided for by law.

2. When exercising the rights stipulated in Clause 1 of this Article, competent state agencies shall take responsibility before law for their decisions.