Privacy Law at Indonesia
Indonesia's Personal Data Protection Law (UU PDP), officially known as Law No. 27 of 2022, was enacted on October 17, 2022, and is now fully in effect as of October 17, 2024. This comprehensive legislation establishes a robust framework for the protection of personal data, aligning closely with international standards such as the EU's General Data Protection Regulation (GDPR).
🇮🇩 Key Provisions of Indonesia's Personal Data Protection Law
1. Scope and Applicability
Territorial Reach The law applies to all entities processing personal data within Indonesia and to those outside Indonesia if their data processing activities have legal consequences in Indonesia or affect Indonesian citizens abroa.
Types of Personal Data:
General Personal Data Includes information such as full name, gender, religion, and marital statu.
Specific Personal Data Encompasses sensitive information like health records, financial data, biometric data, and data related to childre.
Individuals are granted several rights concerning their personal data, includin:
The right to access, correct, and delete personal dat. The right to withdraw consen.The right to refuse automated decision-makin. The right to restrict data processin. The right to data portabilit. The right to lodge complaints with the relevant authoritie.
3. Obligations of Data Controllers and Processors
Entities handling personal data mus:
Obtain explicit consent from data subject .Conduct Data Protection Impact Assessments (DPIAs) for high-risk processing activitie Appoint a Data Protection Officer (DPO) if require. Implement adequate technical and organizational measures to ensure data securit. Notify data subjects and authorities within 72 hours in the event of a data breac.Ensure that any international data transfers comply with the law's stipulation.
4. Sanctions for Non-Compliance
Violations of the PDP Law can result i:
Administrative Sanctions: Written warning.Temporary suspension of data processing activitie.Deletion or destruction of personal dat.Fines up to 2% of annual revenu.
Criminal Sanctions: Imprisonment for up to six years and/or fines up to IDR 6 billion (approximately USD 385,000) for severe offenses such as unlawful collection, disclosure, use, or falsification of personal dat.
✅ Compliance Recommendations for Organizations
Organizations operating in or dealing with the personal data of Indonesian citizens should:
Review and Update Data Handling Practices Ensure all data processing activities comply with the PDP Law's requirement
Implement Data Protection Measures Establish robust data security protocols and conduct regular audit.
Appoint a Data Protection Officer Designate a qualified individual to oversee data protection complianc.
Train Employees Provide regular training on data protection principles and practice.
Establish Breach Response Procedures Develop and implement procedures for responding to data breaches promptl.
Ensure Compliance with International Data Transfer Requirements Verify that any cross-border data transfers adhere to the law's stipulation.
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