A Brief Review: Children Online Privacy Protection in Indonesia

Abstract

Children’s Online Privacy Protection is a form of protection for all information attached to a child such as: a name, address, photo, video, and other related information pointing to the children. In Indonesia, the regulation of a child’s personal data does not create adequate protection. In reality, many children’s personal data are spread on social media and other various platforms that children access and as a result, the child’s personal data can be accessed and used for marketing purposes and/or other exploitation. As a legal subject, a child cannot protect themselves not only from various purposes of online business models designed by online platforms, but also from other people that may have bad intentions. In a global context, standardization becomes a necessity as both a measuring instrument and guidance for other countries to follow. The problem is, some of the measurements need to be adjusted with national law to comply with the set of local standards. Some of the first countries that have already regulated children’s privacy are found within the European Union (EU), UK and U.S. This research describes the scope of child protection standards and match them with Indonesian positive law. The research method of this research use doctrinal legal research to collect and to analyze legal material regarding two main concepts, namely: child protection regulation and information regulation. As a result, it is found that there is no legal mechanism that guarantees the protection of children’s personal data in Indonesia. It is suggested that Indonesian parliament and the President immediately revise the Child Protection Act and /or Electronic Transaction and Information Act.