- Indonesia’s Director-General of Informational Application, Semuel Abrijani Pangerapan, issued a statement recently stressing that any processing of personal data should be based on the underlying consent of the relevant data owners. This consent can take the following forms: 1) Individual consent; 2) Contractual necessity or legal obligation; 3) Vital interest, for the purpose of protecting the vital interests of data owners; 4) Public interest; and 5) Legitimate interest, in relation to data controllers or third parties.
- In addition, Semuel emphasized that certain principles must be adhered to during the processing of any personal data, including: 1) Data minimization and specifics; 2) Data accuracy; 3) Guaranteeing the rights of data owners; 4) Relevance to the initial stated data processing purpose; 5) Disclosure of purpose; and 6) Data erasure after the expiration of the retention period.
- At present, Indonesia does not yet have a single codified legal framework which addresses personal data protection and, as a result, provisions on personal data protection remain spread across 32 separate sectoral regulations. Mr. Pangerapan is therefore urging the government to pass the Draft Bill on Personal Data Protection as soon as possible.
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