Personal Data Protection

Personal Data Protection in Indonesia is governed by the Law No. 27 of 2022 regarding Personal Data Protection. This law provides a comprehensive regulatory framework for the processing activities of personal data, applicable to all types of businesses, industries, and organizations, whether private or public. Personal data is any information that relates to an identified or identifiable living individual. It can include obvious identifiers like name and address, but also less direct identifiers, such as IP addresses or location data. The protection of personal data is crucial in today’s digital age, where vast amounts of personal information are collected and processed. The aim of personal data protection is to safeguard individuals against misuse or abuse of their personal information and to give individuals rights over their data, including the right to access their data, correct inaccuracies, and object to processing in certain circumstances. It’s important to note that data protection laws apply regardless of how the data is stored, be it in an IT system, on paper, or through video surveillance. These laws are designed to protect individuals’ privacy rights and prevent misuse of their personal data in Indonesia.

Personal Data Protection in Indonesia is governed by Law No. 27 of 2022 on Personal Data Protection. This law provides a comprehensive regulatory framework for the processing activities of personal data, applicable to all types of businesses, industries, and organizations, whether private or public. Here are some key aspects of how personal data protection is regulated in Indonesia:

1. Obligations of data controllers: Organizations must obtain the consent of individuals before collecting, using, or disclosing their personal data. This ensures that individuals are aware of how their data will be used and have the ability to control it.

2. Data processing principles: Organizations must ensure that personal data is accurate, complete, and not excessive for the purpose for which it is collected. This helps to protect individuals from inaccuracies and errors in their personal data.

3. Data security: Organizations must take appropriate technical and organizational measures to protect personal data against unauthorized or accidental access, processing, erasure, loss, or destruction. This helps to protect individuals from data breaches and identity theft.

4. Notification of data breaches: Organizations must notify the Commissioner of any data breaches that occur, and take steps to mitigate the effects of the breach. This helps to protect individuals by ensuring that they are aware of data breaches and can take steps to protect themselves.

5. Individual rights: Individuals have the right to access and correct their personal data, and to request that their data be deleted. They also have the right to object to the processing of their data for certain purposes, such as direct marketing. This gives individuals control over their personal data and the ability to protect their privacy.

6. Penalties: Organizations that fail to comply with the Personal Data Protection Law may be subject to fines and penalties. This helps to ensure that organizations take personal data protection seriously and are held accountable for any failures to comply with the law.

According to the Indonesian Personal Data Protection Law, personal data subjects have several rights. These include the right to obtain details of data processing, the right to correct or supplement personal data, and the right to access and obtain a copy of personal data. Individuals also have the right to request deletion of their personal data and to withdraw consent for data processing. They can refuse automated decision-making and restrict data processing. In case of violation of the Personal Data Protection Law, individuals have the right to bring civil action. Lastly, they have the right to data portability, which allows them to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way.

If a business violates the Personal Data Protection Law in Indonesia, it may face several consequences. These can include administrative sanctions such as written warnings, temporary suspension of personal data processing activities, deletion or destruction of personal data, and indemnification of losses. In addition, the law introduces fines of up to 2% of the annual revenue of the data controller for non-compliance. These measures are designed to ensure that organizations take personal data protection seriously and are held accountable for any failures to comply with the law.

If you believe that a violation of Personal Data Protection has occurred in Indonesia, you can report it to the Ministry of Communication and Informatics (MOCI) or the Cyber and Crypto Agency (BSSN). To submit a report to the MOCI, you must complete and submit a form to [email protected]. To report to the BSSN, you should submit the report, accompanied by evidence, to the BSSN at [email protected] or [email protected]. It’s important to provide as much detail as possible about the alleged violation, including the nature of the violation, the parties involved, and any supporting evidence. Please note that the process may vary depending on the nature of the violation and the specific circumstances. It’s always a good idea to consult with a legal expert or a professional in the field for more detailed information.

If a dispute arises related to Personal Data Protection violations in Indonesia, there are several steps that can be taken. Firstly, the dispute can be reported to the Ministry of Communication and Informatics (MOCI) or the Cyber and Crypto Agency (BSSN). These agencies have the authority to investigate alleged violations and can examine electronic systems and facilities used by data controllers and processors. They can also request legal assistance from prosecutors to settle personal data protection disputes. In addition, the Personal Data Protection Law in Indonesia emphasizes redress for data subjects and an alternative dispute resolution mechanism in the event of a breach. A data subject has the right to sue for violations, whether based on fault or negligence on the part of the controller, and receive material compensation, such as a sum of money, or non-material compensation, such as remedial measures.