Pustaka Ilmiah Universitas Padjadjaran

Abstrak

lndonesia issues draft Ministerial Regulation on Data Protection

Although mobile traffic data usage is likely to increase nine¬fold by 2020, in Indonesia the legal protection for such digital-based activities is still weak. Currently there are no specific rules that ensure the protection of users’ data privacy. With a wide range of applications, users are asked to provide their address, mobile phone number and credit card number ¬and those details will be recorded. No less important is that data controllers process data on transactions, travel routes, user habits, patterns of communications and data about user activity in the context of a variety of applications or Internet pages. To address these developments, Indonesia’s Ministry of Communications and Informatics (Infocom) has drafted Ministerial Regulations on Personal Data Protection (PDPES) in Electronic Systems as an implementing regulation based on Government Regulation No. 82/2012 on Electronic Transaction Systems.2 Ministry regulations are a lower form of legislation than Government regulations or Acts of Parliament. The PDPES will cover basic protection mechanisms such as the rights of data subjects, user liability, liability for operators of electronic systems; dispute resolution, public participation and administrative sanctions. A public consultation was completed in July, but it is not certain when the final Regulation will be released.