LEGAL SOLUTIONS ON PERSONAL DATA PROTECTION FOR ELECTRONIC HEALTH RECORDS: IN DIGITAL TRANSFORMATION IN VIETNAM

Abstract: Digital transformation is a key driver in modern healthcare systems. In Vietnam, transitioning from paper-based to electronic health records (EHR) offers improved efficiency and quality in healthcare services. However, safeguarding personal data within EHRs is paramount due to the sensitivity of the information involved. This paper explores the existing legal framework on personal data protection for EHRs in Vietnam, identifies critical gaps, and provides actionable recommendations for enhancing legal mechanisms. The study underscores the necessity of a comprehensive law on personal data protection and the development of uniform standards and enforcement mechanisms. Objective: The aim of this study is to examine the legal framework for personal data protection in electronic health records (EHRs) within the context of Vietnam's digital transformation. The aim is to identify existing gaps and propose actionable solutions to enhance data protection and foster trust in digital healthcare. Theoretical Framework: This research draws on concepts from data protection regulations such as the General Data Protection Regulation (GDPR) and relevant Vietnamese legal texts, including Decree No. 13/2023/ND-CP. These frameworks provide a basis for analyzing the current state of personal data protection and its implications for healthcare. Method: The study adopts a qualitative approach, using document analysis and comparative methodologies. Primary sources include Vietnamese legal documents, international standards, and case studies. We incorporated insights from legal experts and healthcare practitioners to contextualize findings. Results and Discussion: The analysis reveals significant gaps in Vietnam's legal framework, including the absence of a comprehensive data protection law, inconsistent standards for EHR data processing, and insufficient sanctions for violations. Recommendations include enacting a unified law, establishing standardized practices, and enhancing public awareness. Discussion highlights the alignment of these proposals with international best practices and their potential to strengthen trust in EHR systems. Research Implications: Findings underscore the need for a robust legal framework to safeguard sensitive personal data in healthcare. Practical implications include improved regulatory consistency and greater public confidence in digital health initiatives. Originality/Value: This study contributes by providing a structured evaluation of Vietnam’s data protection mechanisms in EHRs, offering innovative solutions tailored to local challenges while incorporating global insights.