Discussion on the processing of personal data without consent for the protection of the data subject’s life and health

Abstract

This article analyzes the theoretical foundations, legal basis, and current legal framework of Vietnamese law regarding the processing of personal data without the consent of the data subject for the purpose of protecting human life and health. At the same time, by examining the provisions of the Law on Personal Data Protection in 2025, Government Decree No. 356/2025/ND-CP dated December 31, 2025, detailing a number of articles and providing measures for the implementation of the Law on Personal Data Protection and relevant sectoral legislation, the article identifies several legal gaps in determining emergency situations, the scope of data permitted to be processed, the authority of involved entities, and mechanisms for protecting rescuers. On that basis, it proposes several recommendations for improving the law to ensure a balance between privacy protection and the protection of the right to life and the right to health care in emergency situations.