Incidents involving data leak are increasingly happening in Indonesia and can be taken as clear evidence of the immediate requirement for safeguarding individual data.
For this reason, the ratification of the Costs on Personal Data Security (PDP Expense) is significantly becoming crucial.
Even as the stalemate over the ratification of the costs continues, Indonesian individuals are significantly being threatened with the misuse of their personal data.
As per the current details, an argument over the need for an independent supervisory company for safeguarding data in between Commission I of your home of Representatives (DPR RI) and the Indonesian government is preventing the ratification of the PDP Bill.
According to a member of Commission I of DPR RI, Rizki Aulia Rahman Natakusumah, after conversations with specialists, thinkers, social institutions, and the private sector, it was concurred that an independent supervisory company will be required to perform the supervisory function in the future, as laid out by the PDP Bill.
The existence of such a company as the supervisor of individuals’s data would assist ensure equality between the economic sector and the public, he stated.
There is no contract yet between Commission I of the DPR RI and the government regarding setting up the organization, even regarding its location, which is expected to be outside the ministry, he added. The ratification of the PDP Expense has been hanging fire over the issue, he informed.
In addition, there are also other challenges postponing the ratification of the PDP Bill, particularly data partition, which has received less attention in discussions on the policy, he stated.
Data partition relates to the separation or partition of personal data that is open and closed for access by third parties, he notified.
It is undoubtedly necessary for information segregation to be managed because profiling or algorithm systems based on expert system (AI) that tape the search history of Internet users’ individual data or specific applications can be sold by the parties who process and control the data, he described.
Due to these remaining obstacles, people’s personal data, which is plainly of worth and needs to be secured, is facing an ever-greater hazard of misuse at the hands of specific parties, he included.
Importance of individual information defense
According to the national coordinator of the Network of Digital Literacy Activists (Japelidi), Novi Kurnia, there are 4 main points that make it vital for Indonesian people’ individual data to be protected.
The first is associated with human rights, she said. Individual information protection belongs to human rights as the right to privacy is implicitly guaranteed by Short article 28 G, paragraph (1 ), of the 1945 Constitution, she added.
Everyone deserves to personal security, household, honor, self-respect, and property under their control, and has the right to a sense of security and defense from the threat of worry to do or not do something, which is a human right, she described.
Still connected to human rights, the significance of personal information protection is likewise stressed in the Constitutional Court’s decision Number 50/ PUU-VI/2008 concerning Cases of Judicial Review of Law Number 11 of 2008 concerning Details and Electronic Deals, Kurnia mentioned.
In the decision, it is stated that Short article 27, paragraph (3 ), of the ITE Law forbids acts that intentionally and without rights distribute and/or send and/or make available electronic info and/or electronic files that have insults and/or defamation, she noted.
The Constitutional Court chose that the Article is not in dispute with a person’s Human rights and powers, democratic values, and the rule of law.
The 2nd reason why data defense is essential is associated with consumer security, she said.
Online deals have actually increased using personal information, he notified. The existence of a firm policy is required to secure customers from experiencing harmful occasions, she stated.
Meanwhile, the third point is connected to international relations, she underlined. In global relations, personal information protection becomes important in the flow of information and trade in between nations, she said. For that reason, the defense of personal information is a matter that can not be disregarded, she worried.
Next, the 4th point is the harmonization of guidelines, Kurnia stated. Individual information is regulated in numerous sectoral regulations, such as banking, telecommunications, the ITE Law, Health Law, and Population Administration Law, she kept in mind.
Thus, the Personal Data Security Expense can be used as a legal umbrella in addition to a tool to accommodate the presence of brand-new technologies, she verified.
Awaiting the ratification of the PDP Costs
The 4 points related to human rights, customer security, details circulation and trade between nations, and harmonization of policies underscore the importance of securing people’ individual data.
Therefore, the ratification of the PDP Bill is much-anticipated by the public. The primary purpose of this guideline is to secure the rights of people concerning their personal information so that it does not get used versus their wishes or commitments by the private sector or the government.
Taking into consideration the immediate need for individual data defense, it is rather appropriate that the worried parties promptly solve the stalemate over the ratification of the PDP Costs.
According to a teacher at the Law Faculty of Parahyangan Catholic University, Catharina Dewi Wulansari, the PDP Bill is actually required by Indonesians to protect their welfare. She said she also thinks that the PDP Bill will have the ability to produce a balance in the management of personal data.
For individual data security in the middle of the digital era and the increasing risk of cybercrime, it can be stated that the greatest hope lies in the ratification of the PDP Bill as soon as possible.
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