Amid a flourishing surge in Indonesia’s digital economy as the largest and fastest-growing in the region expecting to reach $130 billion by 20251, a much-anticipated bill paving the way of such growth has been sought after for years.
Indonesian lawyers alike multinational companies scattered around Indonesia have had their eyes fixated on this for quite some time. Awaiting an overarching personal data protection umbrella bill that would be submitted to the House of Represen tatives (“House”). Whilst such a bill would ensure much needed and awaited strengthened protection over individuals’ personal data and consumer protection, this would also pave the way for prospective foreign investors and companies in finally having a definitively concrete set of laws to comply with.
Materialization of such a bill has eventually came to light on the 28th January 2020, where the much-anticipated bill has finally passed the first hurdle into enactment as the Ministry of Communication and Information Technology (“Menkominfo”) has proclaimed. Menkominfo officially announced that the draft of the Personal Data Protection Bill2 (“PDP Bill”) has been sub mitted by the President of Indonesia to the Chairperson of the Indonesian House Representatives for approval.
Mind that if the draft bill receives the blessing and approval from the House, the PDP is expected to set out a comprehensive and entirely unified framework supervising all matters related to protection of personal data and enforcement of consumer protection. The PDP Bill would apply to both public and private sectors, encompassing individuals and corporations, both legal and non-legal entities.
Pressure upon tech giants to comply with the bill has been desired due to generally weak and absent rules on personal data protection, where apart from administrative sanctions and fines3, criminal charges would now apply against those who fail to comply (e.g. intentional and unlawful acquisition or collection of personal data from other Data owners is punishable for up to five years imprisonment)4.
Since the submission of the PDP, positive advancement has been evidently demonstrated as there have been several con sultations and discussions regarding the bill being deliberated by the House, Menkominfo, together with the public. Once the House’s blessing and approval has been confirmed upon the PDP, the passing of this bill will make Indonesia the fifth coun try in Southeast Asia to have enacted overseeing rules relating to personal data protection.5
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- Jessica Damiana, “Indonesia To Step Up Data Protection with New Bill Amid Booming Digital Economy (Online) ↩︎
- Draft of Latest Submitted Personal Data Protection Bill ↩︎
- Art. 100 – Government Regulation No. 71 of 2019 concerning Management of Electronic Systems and Transactions. ↩︎
- Art. 61-64-Draft of Latest Submitted Personal Data Protection Bil ↩︎
- Data Guidance, “Indonesia: President submits draft data protection bil to the House of Representatives. [Online] ↩︎
