ELSAM-Jakarta. As technology in digital era is growing, privacy data use has also appeared in any aspects of life, namely, economy, education, communication, health, transportation etc. However, such phenomenon does not mean to disregard the protection of citizen’s privacy. Similar to other human rights, the guarantee to privacy rights should be normatively established into a form of law products. In doing so, Personal Data Protection Law must be made comprehensively to the remedy mechanism.
Such discussion has also been the topic in National Dialogue of ID-IGF (Internet Governance Forum) 2017 held in Jiexpo Kemayoran on 27 October 2017. Bringing the big theme named ”Digital Transformation: Will Indonesia be ready?”, the privacy issue included in the law basket discussion focusing on the urgency of Indonesia’s personal data protection.
Therefore, ELSAM participated in the discussion forum called “Urgency of Data Privacy Regulation: Balancing the Technology Protection and Monitoring.” Other presenters were the multistakeholder panels consisting of Sinta Dewi from Law Faculty of Universitas Padjajaran representing academician, Justi Kusumah from K&K Advocates and Semmy Pangerapan of Directorate General of Informatics Application of Ministry of Communication and Information (Ditjen APTIKA Kominfo).
“Data ownership is a form of power. That’s why we need legal framework which guarantees the protection from any parties based on human rights. Such framework is further expected to regulate the online and offline areas referring to the international standards,” Wahyudi Djafar opened the forum.
Similarly, Sinta Dewi added that such regulation must not only give protection to privacy, but also regulate both government and individual authorities. Strengthening privacy which focuses on strengthening individual rights can also implicate to the public awareness on privacy rights.
“Regulation focusing on individual rights and obligations is important because our society has not been fully wise in using digital information,” Sinta said.
In addition to the strengthening of individual rights and privacy’s basic concept, the forum also discussed any alternative dispute settlement mechanisms related to the violations to privacy or frequently-ocurred data leaks. For instance, the establishment of special arbitration body to settle the digital information cases.
“In terms of intellectual property case, it will take 14 days to take down the banned contents. It was quite a long time, and a loss for business actors and society. Therefore, it needs arbitration body or dispute online mediation which can better annul the violation,” Justi Kusumah said. Similarly, Wahyudi added that the settlement for violations to privacy is not always through court.
“ITE Law is less effective because it obliges to settle the dispute by law. Meanwhile, there needs to be a more friendly, faster and more responsive mechanism,” Wahyudi added.
Semmy Pangerapan considers that the privacy issue must be a part of digital literacy. “Government should be the facilitator of digital literacy which enlightens the society. One of the mechanism is through the regulation that protects privacy.”
In the process of the regulation establishment, Semmy said that government is not the only policy making actors. This emphasizes that privacy regulation opens the space for public to give inputs to establish a comprehensive protection policy.
“Government is not the only policy making actors to accomodate the society’s personal data protection. This must involve any parties including business actors and academician to give inputs to the government as a state facilitator so that the solid Personal Data Protection Law can be realised in the upcoming 2018,” Semmy said.