Summary: 1. Introduction. – 2. Methodology. – 3. Concept Framework. – 3.1. The Definition of “Artificial Intelligence in Criminal Justice”. – 3.2. The Definition of “Technological Innovation in Criminal Justice”. – 3.3. The Definition of “Right to Personal Data Protection in Criminal Justice”. – 4. Key Principles Ensuring a Balance between Technological Innovation and the Right to Personal Data Protection. – 4.1. The Principles of Lawfulness, Necessity, and Proportionality. – 4.2. The Principle of Accountability and Impact Assessment. – 4.3. The Principle of Transparency and Human Supervision. – 4.4. The Principle of a Balanced Approach in Applying AI to Criminal Justice. – 5. The EU’s Experience in Ensuring the Balance between Technological Innovation and Personal Data Protection in Criminal Justice. – 5.1. The EU’s Legal Framework for Ensuring the Balance between Technological Innovation and Personal Data Protection. – 5.2. Balancing Mechanisms through Impact Assessment and Risk Control. – 5.3. Enforcement Mechanism and the Role of Independent Monitoring Bodies. – 6. Legal Status and Challenges in Vietnam in Ensuring a Balance between Technological Innovation and Personal Data Protection in Criminal Justice. – 6.1. Current Status of Vietnamese Laws. – 6.2. Challenges of Vietnam in Ensuring the Balance between Technological Innovation and the Right to Personal Data Protection in Criminal Justice. – 7. Recommendations to Improve Vietnam’s Legal System from the European Union’s Experience. – 8. Conclusions.
Background: The rapid development of Artificial Intelligence has profoundly transformed various aspects of social life, including the criminal justice system. In criminal proceedings, the collection and processing of biometric, behavioral, and emotional data may threaten the right to privacy, the presumption of innocence, and the right to a fair trial. This study examines the intersection between technological innovation and personal data protection in criminal justice through a comparative legal analysis of the European Union and Vietnam. By analyzing the EU’s GDPR, Law Enforcement Directive, and AI Act 2024 alongside Vietnam’s legal framework, the paper identifies key areas of convergence, divergence, and regulatory gaps.
Results and Conclusions: The study aims to establish fundamental legal principles that balance technological innovation with the protection of the right to personal data in criminal justice—an approach that has received limited attention in Vietnam. Based on this foundation, it proposes legal reforms toward a framework of “human rights–oriented digital justice”, ensuring that the digitalization and application of AI in the justice system not only enhance operational efficiency but also strengthen the rule of law and protect people.