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Understanding the 8 Principles of Personal Data Protection under the Indonesian PDP Law: Key Takeaways for Citizens and Businesses

 

The Indonesian government has recently passed the Personal Data Protection Law or UU PDP. This regulation was enacted with the aim of protecting and guaranteeing the fundamental rights of citizens regarding their personal data. Personal data is defined in Article 1 paragraph 1 of the UU PDP as data about an individual that is identified or can be identified either directly or indirectly through electronic or non-electronic systems. The meaning of personal data protection is a combination of efforts to protect personal data in the data processing chain, to ensure the constitutional rights of Personal Data Subjects (individuals attached to the personal data concerned).

 

Analysis and Key Takeaways:

 

The UU PDP is enacted based on the consideration that personal data protection is one of the human rights that requires a legal basis. The protection of personal data is intended to guarantee the rights of citizens to protect their personal privacy, create public awareness, and ensure the recognition and respect for the importance of personal data protection. Although the regulation of personal data exists in several laws, to improve the effectiveness of its implementation, specific regulations are required to protect personal data.

 

The Personal Data Protection Law establishes eight principles of personal data protection. To understand these principles comprehensively, they are listed and explained in Article 3 of the UU PDP:

 

The protection principle requires that all personal data processing must protect Personal Data Subjects against misuse of their personal data.

 

The legal certainty principle mandates that all personal data processing must have a legal basis to realize personal data protection and all other supporting elements that guarantee legal recognition both inside and outside the court.

 

1. The public interest principle mandates that personal data protection must take into account the public interest or the broader society's interests, such as national security, and the state administration.
2. The usefulness principle requires that the regulation of personal data protection should be beneficial for the national interest, especially in achieving the common welfare's aspirations.
3. The prudence principle mandates that parties related to personal data processing and supervision must consider all aspects that potentially cause harm.
4. The balance principle aims to balance the right to personal data of individuals and the legitimate rights of the state based on public interest.
5. The accountability principle mandates that all parties related to personal data processing and supervision must act responsibly, thus ensuring a balance of rights and obligations for all parties, including Personal Data Subjects.
6. The confidentiality principle requires that personal data must be protected from unauthorized parties.

 

Conclusion:

 

The UU PDP's enactment is a significant milestone in personal data protection in Indonesia. It provides a comprehensive framework to regulate the protection of personal data, which is essential for ensuring the fundamental rights of citizens. It is important for individuals and organizations that process personal data to understand and comply with the principles of personal data protection established in the UU PDP to avoid legal sanctions and to protect personal data from unauthorized access, use, and misuse.