Data Protection in Indonesia

Security in Indonesia

The PDP Law does not provide specific technical standards or measures. It does, however, provide certain general measures to data controllers, who are obliged to protect and ensure the security of personal data that it processes, by requiring them to:

  • set out and implement operational technical measures to protect personal data from any disruption in the processing of personal data that is contrary to the provisions of laws and regulations; and
  • determine the appropriate level of security of the personal data by taking into account the nature and risk of personal data which must be protected in the processing of personal data.

Whilst anticipating the issuance of further implementing regulations to the PDP Law, certain fundaments to ensuring the security of personal data may be found in the General Data Protection Regulations, which set out certain obligations to electronic system operators (PSEs) in particular. The obligations of such PSEs are regulated under Reg. 71 and MOCI Reg. 20/2016, who amongst other things shall:

  • guarantee the confidentiality of the source code of the software;
  • ensure agreements on minimum service level and information security towards the information technology services being used as well as security and facility of internal communication security it implements;
  • protect and ensure the privacy and personal data protection of users;
  • ensure the appropriate lawful use and disclosure of the personal data;
  • provide the audit records on all provision of electronic systems activities;
  • have governance policies, operational work procedures, and audit mechanisms that are conducted periodically in the electronic system;
  • for private sector PSEs who process and / or store personal data outside of Indonesia, must ensure the supervisory effectiveness of the Ministry or Agency and law enforcement;
  • provide access to the electronic system for the purpose of supervision and law enforcement;
  • provide information in the electronic system based on legitimate request from investigators for certain crimes;
  • provide options to the personal data owner regarding the personal data that is processed so that the personal data can or cannot be used and / or displayed by / at third party based on the consent as long as it is related with the purpose of obtaining and collecting the personal data;
  • provide access or opportunity to personal data owner to change or renew his / her personal data without disturbing the system management of the personal data, except regulated otherwise by laws and regulations;
  • delete the personal data if (i) it has reached the maximum period of storing the personal data (at the shortest 5 years or based on the applicable regulations / specific sectoral regulations); or (ii) by request from the personal data owner, except regulated otherwise by the laws and regulations; and
  • provide contact person that is easy to be contacted by the personal data owner in relation to his / her personal data.

An online self-assessment on the security system’s risk level and compliance is also offered upon the application for an electronic system operator registration certificate (TDPSE). Although it is a self-assessment, the feature is to a certain degree mandatory, as an applicant for TDPSE may not be able to proceed in submitting its application before it fills out certain part of the online self-assessment about its security system’s risk level and compliance.

In the telecommunications sector, Article 19 paragraph (2) of Minister of Communication and Informatics Regulation No. 26/PER/M.KOMINFO/5/2007 regarding the Security and Utilization of Internet Protocol based Telecommunications Network (as amended) ("MOCI Reg. 26/2007") also provides that the telecommunication service provider is responsible for data storage due to its obligation to record its log file for at least 3 months.

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