Data protection and privacy—Indonesia—Q&A guide

The following Information Law practice note provides comprehensive and up to date legal information covering:

  • Data protection and privacy—Indonesia—Q&A guide
  • 1. Summarise the legislative framework for the protection of personally identifiable information (PII). Does your jurisdiction have a dedicated data protection law? Is the data protection law in your jurisdiction based on any international instruments on privacy or data protection?
  • 2. Which authority is responsible for overseeing the data protection law? Describe the investigative powers of the authority.
  • 3. Are there legal obligations on the data protection authority to cooperate with other data protection authorities, or is there a mechanism to resolve different approaches?
  • 4. Can breaches of data protection law lead to administrative sanctions or orders, or criminal penalties? How would such breaches be handled?
  • 5. Does the data protection law cover all sectors and types of organisation or are some areas of activity outside its scope?
  • 6. Does the data protection law cover interception of communications, electronic marketing or monitoring and surveillance of individuals? If not, list other relevant laws in this regard.
  • 7. Identify any further laws or regulations that provide specific data protection rules for related areas.
  • 8. What forms of PII are covered by the law?
  • 9. Is the reach of the law limited to PII owners and processors of PII established or operating in the jurisdiction?
  • More...

Data protection and privacy—Indonesia—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to data protection and privacy in Indonesia published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2020).

Authors: AKSET Law—Abadi Abi Tisnadisastra; Prihandana Suko Prasetyo Adi ; Noor Prayoga Mokoginta

1. Summarise the legislative framework for the protection of personally identifiable information (PII). Does your jurisdiction have a dedicated data protection law? Is the data protection law in your jurisdiction based on any international instruments on privacy or data protection?

The protection of personal data in Indonesia was initially focused on protection from a privacy perspective. Under the Indonesian Constitution, the concept of privacy rights has been recognised and protected as part of the general concept of human rights.

Currently, Indonesia does not have a specific and dedicated general data protection law. Indonesia personal data protection regime is sparsely regulated in several laws:

  1. Law No. 11/2008 on Electronic Information and Transactions as amended by Law No. 19/2016 (collectively, the EIT Law), which governs the most comprehensive legal framework;

  2. Minister of Communication and Informatics (the MoCI) Regulation No. 20/2016 on Protection of Personal Data in Electronic Systems (MoCI Regulation 20); and

  3. the newly enacted Government Regulation No. 71/2019 on the Operation of Electronic System and Transaction (GR 71).

Article 26(1) of the EIT Law (along with its official elucidation), recognises

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