What to do when personal information is stolen in Vietnam to borrow money?
Nowadays, borrowing money is becoming more and more simple, with just some personal information on the Citizen ID card or phone number, it is possible to “disburse”. So what to do if your personal information stolen to borrow money? To better understand this, today, LSX Lawfirm will give you an article about “What to do when personal information is stolen in Vietnam to borrow money?“, as follows:
Legal grounds
Civil Code 2015
Criminal Procedure Code 2015
Personal information and regulations on personal information protection
Pursuant to Clause 5, Article 3 of Decree No. 64/2007/ND-CP, personal information regulated as follows:
- Personal information is information sufficient to accurately identify an individual, including at least one of the following: full name, date of birth, occupation, title, contact address, address email, phone number, ID number, and passport number.
- Confidential information includes medical records, tax records, social insurance card numbers, credit card numbers, and other personal secrets.
- Based on the above, personal information can considered as personal privacy, which protected by law according to the provisions of Article 38 of the Civil Code 2015. The use of information related to personal secrets must strictly controlled. consent of that person.
Accordingly, everyone has an inviolable right to privacy and personal secrets. Any person who steals information and discloses other people’s private information is illegal
In addition
Specifically, Article 38 of the 2015 Civil Code provides for the right to private life, personal secrets, and family secrets:
- Private life, personal secrets, and family secrets are inviolable and protected by law.
- The collection, storage, use, and disclosure of information related to private life, and personal secrets must consent to by that person, and the collection, storage, use, and disclosure of information related to personal life and Family secrets must agreed upon by family members unless otherwise provided for by law.
- Letters, telephones, telegrams, electronic databases, and other forms of private exchange of personal information kept safe and confidential.
- The opening, control, and seizure of correspondence, telephone, telegram, electronic database, and other forms of exchange of private information of others only done in cases prescribed by law.
The parties to a contract must not disclose information about each other’s private life, personal secrets, and family secrets that they have known during the process of establishing and performing the contract unless otherwise agreed. other.
Why is it important to protect personal information?
Personal information, after being access by the enterprise, can become the most commercially valuable data source through communication, promotion, marketing, and competitive activities in the market. Therefore, businesses want to capture, collect, use, analyze and exploit the personal information of current and potential customers. However, in another dimension, in order to ensure the privacy and freedom necessary in daily life, in general, individuals do not want their personal information to exposed, to the hands of those to whom they have access. It does not know what they will use that information for. In other words, each individual very much does not want his or her financial markets to fall into the hands of strangers. Therefore, each individual often has a need to control (or seek to control) the transmission of personal information related to himself.
Do you have to pay back when your information is stolen to get a loan?
Pursuant Article 463 of the 2015 Civil Code stipulates:
- A property loan contract is an agreement between parties whereby the lender delivers the property to the borrower;
- When the repayment is due, the borrower must return to the lender property of the same type in the correct quantity and quality and only pay interest if so agreed or prescribed by law.
- Accordingly, a loan relationship can only formed when there is an agreement between the parties the lender and the borrower on the loan, the loan payment, the repayment term, and the interest rate (if any).
In addition, Article 466 of the 2015 Civil Code also stipulates that the borrower must repay the loan to the lender.
Thus, based on the above provisions, the borrower of the property is the one who obliged to repay the loan to the lender. Therefore, a person whose information stolen but in fact does not borrow money not obligated to repay the debt.
However, in this case, the person whose information stolen must prove that he is not the person who made the loan.
What should I do if I don’t borrow money but still get a debt?
In this case, the person whose information has stolen; can report the above incident to the police authorities according to the provisions of Article 163 of the Criminal Procedure Code 2015; and Clause 1, Article 7 of Circular 28/2020/TT- BCA; to investigated by the competent authority to verify the incident; as well as come up with a plan to deal with the person who stole the information:
– Police of communes, wards, and townships: have the task of classifying and handling crime reports;
– District-level investigative police: have the task of investigating criminal cases; about crimes falling under the jurisdiction of the district-level People’s Courts;
Provincial-level investigative police: have the task of investigating crimes falling; under the jurisdiction of provincial-level People’s Courts, involving foreign elements, etc.
Particularly in case personal papers dropped; or lost, they must promptly notify; the competent authorities of their dropping or loss of personal papers.
In case the papers containing personal information dropped; or lost, they must notify the competent authority to have their legitimate interests protected.
Penalties for stealing other people’s personal information
Illegal use of other people’s personal information will punish; according to Clause 2, Article 84 of Decree 15/2020/ND-CP (amended by Clause 30, Article 1 of Decree 14/2022/ND-CP). regulations:
A fine ranging from VND 40,000,000 to VND 60,000,000 impose for one of the following acts:
- Using personal information for improper purposes as agreed upon; when collecting or without the consent of the subject of personal information;
- Provide or share or distribute collected, accessed, or controlled personal information; to third parties without the consent of the personal information owner;
- Illegally collecting, using, distributing, and trading personal information of others. In addition, the person who steals information and causes damage to others must also pay compensation; according to Clause 1, Article 584 of the 2015 Civil Code:
Those who commit acts of infringing upon; the life, health, honor, dignity, reputation, property, other lawful rights and interests of others, and cause damage; must pay compensation, except for the case of this Code. this, other relevant laws provide otherwise.
Consulting service of LSX Lawfirm
Above is LSX Lawfirm’s advice on the content of the problem “What to do when personal information is stolen in Vietnam to borrow money?”. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will extremely satisfied when using our services.
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Related questions
Personal information is information sufficient to accurately identify an individual, including at least the following information: full name, date of birth, occupation, title, contact address, address only email, phone number, identity card number, and passport number. Confidential information includes medical records, tax records, social insurance card numbers, credit card numbers, and other personal secrets.
A loan relationship can only be formed when there is an agreement between the parties the lender and the borrower on the loan, the delivery of the loan, the repayment term, and the interest rate (if any). In addition, Article 466 of the 2015 Civil Code also stipulates that the borrower must repay the loan to the lender.
Thus, based on the above provisions, the borrower of the property is the one who is obliged to repay the loan to the lender. Therefore, a person whose information is stolen but in fact does not borrow money is not obligated to repay the debt.
Specifically, Article 38 of the 2015 Civil Code provides for the right to private life, personal secrets, and family secrets:
– Firstly, Private life, personal secrets, and family secrets are inviolable and protected by law.
– Secondly, The collection, storage, use, and disclosure of information related to private life, and personal secrets must be consented by that person, and the collection, storage, use, and disclosure of related information access to family secrets must be consented by family members unless otherwise provided for by law.
– Thirdly, Letters, telephones, telegrams, electronic databases, and other forms of exchanging private information of individuals are kept safe and confidential.
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