Urging the Passing of Personal Data Protection Bill

ELSAM, Jakarta – The Coalition of Advocacy of Personal Data Protection Bill urged the government and House of Representative to immediately pass the Personal Data Protection Bill (PDP Bill). The rampant practices of personal data abuse, and the clock-ticking end of the 2014-2019 House’s period become the premise of why the Law needs to immediately be issued.

In the Coalition’s press conference in Jakarta on Wednesday (15/4), ELSAM’s Deputy Director of Research, Wahyudi Djafar, stated that PDP Bill has long been formulated by Ministry of Communication and Informatics.

“In Ministry of Communication and Informatics, Personal Data Protection Bill has been formulated since 2014,  which means that it was five years ago. Even its initiative has peeped out since 2006,” he said.

However, until the House’s end of period in the coming September, Ministry of Communication and Informatics  has yet delivered the Bill to them.

ELSAM’s study found that there are approximately 32 regulations whose contents are related to personal data protection regulations. “But, those laws have not been synchronized and harmonized one to the others,” Wahyudi continued.

According to Wahyudi, several issues which have yet been harmonized and lack of available personal data regulations are related to the definition of personal data, personal data qualification, and the classification of personal data.

In addition to that, another lack to be fulfilled by personal data protection law, he continued, covers the regulation about the obligation of data controller, data processor, and the third party.

Another thing which is not less important than that and has not been addressed by the sectoral laws, he said, is the right of data subject and its remedial mechanism when violations happen.

The practices of personal data abuse in Indonesia are often heard. The investigation of Kompas covered some time ago showed that the data trade is real. It, among others, is undertaken online through the online shopping application such as Tokopedia and Bukalapak.

Not only that, Kompas also found that the data trade is undertaken offline as what has been performed by the credit card marketing. The data traded includes the information of name, phone number, address, parents’ names, until the owners’ financial information.

The Director General of Informatics Application of Ministry of Communication and Informatics, Semuel A. Pangerapan known as Sammy said that PDP Bill has been finalized by the Ministry and will be delivered to the House. Sammy is optimistic that the Bill will be endorsed by the House before their period ends.

“The harmonization (of PDP Bill) has finished, and it currently is in State Secretariat to be submitted to the House. We have also held a hearing with Commission 1, and they have high expectations as they want to finalize it before 30 September,” he claimed, at the same moment.

Responding why the formulation of PDP Bill has taken a long time, Sammy said that it is due to the process of matching the perception among the ministries and its harmonisation with other laws. “That’s what makes the Bill need a long time to formulate,” he said as the closure.

Author: Sueb