Selasa, Juni 27, 2023

Govt. Set to Issue Implementing Regulation to Personal Data Protection Law in September

The Director-General of Informatics Application of the Ministry of Communication and Information Technology ("Ministry"), Semuel A. Pangerapan ("Director-General") has affirmed that the government is planning to issue the long-awaited Draft Regulation of the Government on the Implementing Regulation to Law No. 27 of 2022 on Personal Data Protection ("Draft Regulation") in September 2023.
As the Ministry has almost finished the drafting process for the Draft Regulation, the Director-General has now explained that the government is also currently preparing a number of other resources in order to ensure the optimal implementation of personal data ("Data") protections ("PDP"). This will include a forthcoming Regulation of the President that will become the legal framework for the agency which is ultimately authorized to oversee PDP-related compliance in Indonesia.
Furthermore, the Director-General has also stated that once the Draft Regulation is promulgated, various administrative sanctions that take the form of fines that can be imposed upon Data controllers and/or processors, including Electronic System Organizers (Penyelenggara Sistem Elektronik - "PSE"), will start to be enforced on 21 October 2024. As such, imposed administrative sanctions will thus no longer solely take the form of written reprimands and recommendations.
The applicable administrative sanctions that can currently be imposed upon any PSE that violate their PDP obligations, as outlined above, have had little to no effect in terms of improving overall PDP compliance in the country, as the recent spike in the number of Data breaches across Indonesia, which has affected numerous private and public PSE since 2019, clearly demonstrates. _(ANT)

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The Director-General of Informatics Application of the Ministry of Communication and Information Technology ("Ministry"), Semuel A. Pangerapan ("Director-General") has affirmed that the government is planning to issue the long-awaited Draft Regulation of the Government on the Implementing Regulation to Law No. 27 of 2022 on Personal Data Protection ("Draft Regulation") in September 2023.
As the Ministry has almost finished the drafting process for the Draft Regulation, the Director-General has now explained that the government is also currently preparing a number of other resources in order to ensure the optimal implementation of personal data ("Data") protections ("PDP"). This will include a forthcoming Regulation of the President that will become the legal framework for the agency which is ultimately authorized to oversee PDP-related compliance in Indonesia.
Furthermore, the Director-General has also stated that once the Draft Regulation is promulgated, various administrative sanctions that take the form of fines that can be imposed upon Data controllers and/or processors, including Electronic System Organizers (Penyelenggara Sistem Elektronik - "PSE"), will start to be enforced on 21 October 2024. As such, imposed administrative sanctions will thus no longer solely take the form of written reprimands and recommendations.
The applicable administrative sanctions that can currently be imposed upon any PSE that violate their PDP obligations, as outlined above, have had little to no effect in terms of improving overall PDP compliance in the country, as the recent spike in the number of Data breaches across Indonesia, which has affected numerous private and public PSE since 2019, clearly demonstrates. _(ANT)

......