HM&P lawyer discussed privacy when using technology cars

The development of ride-hailing applications has led to many drivers installing cameras on their cars to ensure safety and prevent disputes; however, the fact that photos and videos of passengers are posted on social networks to comment, "expose" or attack personally has also given rise to many debates about privacy image rights and personal data protection responsibilities ("PDP"). In a direct interview with The Saigon Times, Associate Pham Thanh Huy, representing HM&P Law Firm ("HM&P"), shared about the legal regulations related to the recording of passengers on technology vehicles, limiting the use of data from cameras and important notes for both drivers and service users in the context of the Law on PDP 2025 officially taking effect.

Source: The Saigon Times

In-vehicle cameras, technology and privacy limits

According to Lawyer Huy, for the majority of technology vehicles with less than 8 seats, the current law does not impose a mandatory obligation to install cameras in the passenger compartment. Therefore, if the driver installs the camera on the car himself, this is mainly a voluntary measure to support safety and keep evidence when necessary. However, because the camera can record images, voices and information to help identify passengers, the operation of this device must comply with the principles of PDP, especially the requirements of transparency, the right purpose and to the extent necessary.

From a privacy perspective, drivers need to clearly inform passengers that the vehicle has cameras and the purpose of recording data and must not use the data beyond the scope necessary for ensuring safety, troubleshooting or providing it to the competent authorities. Lawyer Huy commented:

"Arbitrarily copying, sharing or publicizing passengers' images and videos on social networks may give rise to legal liabilities related to the right to images, private life and PDP obligations."

Restrictions on the use of passenger data

One of the issues that is of particular concern to the public is the fact that many clips recording passenger images are posted on TikTok, Facebook or other platforms for the purpose of "unmasking", criticizing or attracting interaction. According to Lawyer Huy, this is a legal boundary that many drivers need to pay special attention to. Recording for safety or preservation of evidence when a dispute occurs does not mean that the driver has the right to arbitrarily use, share or distribute passengers' personal data according to their own volition.

In the event of a dispute, complaint, or safety incident, the data from the camera can be used as a basis for working with the ride-hailing platform, the competent authority, or the relevant parties. However, arbitrarily posting images and videos of passengers on social networks to "expose", criticize or attract interaction is a highly legal risk. Lawyer Huy also noted that even if passengers behave inappropriately, drivers should not disclose their personal data on their own in the online environment. The appropriate way to handle it is to keep the data to the extent necessary, reflect it through the platform's support channel or provide it to the authorities upon request.

Responsibility to protect privacy

Under the Law on PDP 2025, passengers as data subjects have many important rights in relation to their personal data, including the right to know about data processing, to request the restriction or erasure of data in appropriate circumstances, as well as the right to lodge a complaint,  denounce or claim compensation for damage when legitimate rights and interests are infringed upon.

In addition to legal obligations, drivers also need to comply with the agreements, regulations and standards of conduct of ride-hailing platforms, especially regulations related to the security of customer information. Misuse of data can lead to many consequences such as complaints, requests to remove content, compensation for damages, sanctions for violations or restrictions by the platform, account lockout, and termination of cooperation.

At the end of the discussion with the The Saigon Times, Lawyer Huy affirmed that the use of cameras on technology vehicles should be placed within the limits of transparency, necessity and the right purpose. This is not only a measure to protect drivers, but also a requirement to respect passengers' personal information and build a safer and more civilized service environment.

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