Initiating New Regulations on Personal Data Protection: Challenges for Personal Data Protection in Indonesia

Abstract

The issue of privacy and personal data protection has often made headlines in recent years, especially in the context of social networking, consumer profiles by online advertising companies, and cloud computing. In Indonesia through the EIT Law and MoCI Regulation 20 have not been comprehensively able to answer the challenges of protecting personal data. While other countries such as Singapore and Malaysia have arranged it with the help of the Authority established to resolve national and international issues related to the protection of personal data. In this study, it was found that data protection challenges include the unclear principle of data protection in Indonesia, the terminology of personal data, sensitive personal data, and the responsibility of service providers and data users. For this reason, Indonesia requires personal data protection laws which regulate: (1) All principles and terminology relating to data protection, sensitive data, cross-border flow of personal data, crimes against personal data, big data, cloud computing, and data related to artificial intelligence. (2) All violations must be threatened with fines and criminal threats that show seriousness in preventing violations of the law against a person's personal data. (3) Establishment of a Primary Authority that handles the protection of personal data and will represent the Government of Indonesia internationally on issues related to data protection.

Data Privacy in the Indonesian Personal Data Protection Legislation

“…This growth should be accompanied by the protection of the privacy of personal data. While this would increase the trust in the digital economy (Butarbutar, 2019), it does not appear to influence the behavior of digital consumers. A survey by Mastel and APJII in 2017 found that 79% of respondents in Indonesia objected to having their personal data transferred without permission and 98% supported the passing of a Personal Data Protection Law (UU PDP).…”

Criminal Law Policy to the Perpetrator of Data Leakage in Indonesia

“…The Privacy Protection Bill's Criminal Statute Policy Against Personal Data Leakage is a comprehensive statute that governs personal data [12]. The country currently has Minister of Information and Communications Regulation No.…”

Human-centric Personal Data Protection and Consenting AssistantSystems: Towards a Sustainable Digital Economy

“…As a result, many scientists have called for novel interdisciplinary solutions to support and empower [6] end-users to access their fundamental right of online privacy. Among others, this includes societal measures (such as be er public education and increase of public awareness [13,14,15,16]), economic measures (such as novel business models [17]), political and legal measures (such as new regulations and standards [18,19]), and technological solutions (such as privacy enhancement technologies [20], privacy by design approaches [21], user-centric personal data ecosystems [22], personal vaults [23], personal databoxes [24], encryption-based architectures for management of personal data [25], browser-plugins for blocking advertisements and tracking cookies, automated mechanisms for the communication of users' privacy decisions [26], etc).…”