The Significance of Personal Data Protection Law

ELSAM, Jakarta — ELSAM working together with Ministry of Communication and Informatics held a public discussion on personal data protection in Jakarta, 21 May 2019.

The discussion aimed at increasing awareness of Indonesian society on the importance of personal data protection in the digital era. It was attended by various elements of the society, starting from the students, companies, and government representatives.

in his keynote speech, the Minister of Communication and Informatics, Rudiantara, highlighted the lack of awareness of Indonesian society on personal data protection. Rudiantara also emphasized the urgency of the issuance or rules and regulations which will become the regulation umbrella of personal data protection.

“Telecommunication Law has regulated that operators must protect the personal data of their customers. But that is only applicable in the telecommunication sector. There must also be available in other laws. The problem is, sometimes there are laws whose contents are conflicting against each other, or the interpretation is different from the others. Therefore, it is time for us to establish one regulation which will integrate the clashed regulations,” he said.

The member of Commission 1 of House of Representative, Meutya Hafid, revealed that she fully supported the establishment of Personal Data Protection Bill.

“Here we deliver our commitment to work together with the Ministry of Communication and Informatics to readily discuss the Personal Data Protection Bill. Before this, we also promote that the Law can be the priority in National Legislation Program,” she said.

Meanwhile, ELSAM’s Deputy Director of Research, Wahyudi Djafar, reminded about the importance of protecting each individual’s fundamental rights as a data subject.

“Right to privacy has close connection with dignity. The absence of personal data protection can harm not only the economy aspect, but also the others, in the context of health, for instance. That’s why, being different from other commodity, personal data can not be traded,” he said.

In the context of customers’ personal data protection, the representative of Indonesian E-Commerce Association, Ardhanti Nurwidya, highlighted the provision of the designation of data protection officer (DPO) of the companies.

“In foreign countries, there are two DPO regulations, that is, one who is totally responsible for the customers’ personal data, and one who will be the point of contact. Those two must be established in Indonesian regulation to determine who can be called as DPO,” she said.

Author: Alia Yofira Karunian