LAW OF THE REPUBLIC OF INDONESIA NUMBER 27 OF 2022 CONCERNING THE PROTECTION OF PERSONAL DATA
What is Personal Data Protection?
Personal Data Protection is the overall effort to protect Personal Data in the series of Personal Data processing in order to guarantee the constitutional rights of Personal Data subjects.
Personal Data Protection in Indonesia
In Indonesia, awareness of the need to protect personal data is increasing in line with the growth of internet usage and technology-based applications. The right to self-defense is mentioned in the 1945 Constitution, where Article 28G Paragraph (1) affirms that citizens have the right to protection of themselves, their families, honor, dignity, and property. However, with the development of information and communication technology, the concept of personal rights is not only a property right as mentioned in the article. Privacy should be seen as a fundamental right, especially in the context of personal information or a person’s identity, as the right to privacy is more sensitive and is considered a fundamental personal right.
Personal data leakage is a serious problem that can lead to financial repercussions, compromised identities, and the possibility of further data misuse. Therefore, governments, companies and individuals should raise awareness of the importance of data security and take appropriate preventive measures to protect the privacy of personal data.
The types of personal data is stated in the Law Of The Republic of Indonesia Number 27 of 2022 that, “Personal data are divided into:
1. Personal Data:
a) health data and information;
b) biometric data;
c) genetic data;
d) crime records;
e) child data;
f) personal data; and/or
g) other data in accordance with the provisions of legislation.
2. Personal Data of a General Nature:
a) Fullname;
b) Gender;
c) Religion;
d) Marital Status; and/or
e) Personal Data that is combined to identify a person.
Example of personal data leakage/breach case in Indonesia:
1. Tokopedia Data Breach: In early 2020, Indonesia’s major e-commerce platform, Tokopedia, reportedly suffered a security breach that resulted in the personal information of millions of users being leaked. The compromised data included names, addresses, phone numbers, email addresses, and encrypted passwords.
2. Bukalapak Data Breach: Another e-commerce platform in Indonesia who also reportedly suffered a data breach in 2021. More than 13 million user accounts were reportedly affected, with data such as usernames, email addresses, phone numbers, and passwords leaked.
3. TokoTalk Data Breach: In 2021, the Indonesian instant messaging app TokoTalk was also reported to have suffered a data leak. More than 91 million user accounts were affected, and the leaked information included names, phone numbers, email addresses, and copies of identity cards.
Personal data protection is an essential prerequisite in an increasingly connected digital age. The importance of personal data protection lies in the need to safeguard individuals’ privacy and security from evolving threats such as identity theft, financial fraud, and data exploitation. Without adequate protection, personal data can easily be misused by irresponsible parties, resulting in detrimental impacts to individuals and society as a whole.
Furthermore, personal data protection is also a key element in building trust and credibility in business and social environments. When individuals believe that their personal data is safe and protected, they are more likely to participate in online activities, share information, and interact with digital services. This is not only beneficial for individuals who feel more comfortable and secure in using technology, but also for companies and governments that rely on data to make informed decisions. As such, personal data protection is not just about ensuring individual safety, but also about building a solid foundation for innovation, economic growth and inclusive societal development in the digital era.
Source:
Jurnal Analisis Hukum, Universitas Udayana, “Menjaga Privasi di Era Digital: Perlindungan Data Pribadi di Indonesia”.
Fikri, Muhammad, Shelvi Rusdiana, “RUANG LINGKUP PERLINDUNGAN DATA PRIBADI: KAJIAN HUKUM POSISTIF INDONESIA”.