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New Indonesian data protection bill to allow victims to sue platforms for leaks

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Along with the rise of e-commerce and fintech, the risk of breaches and data leaks has come. The Indonesian government and parliament have now agreed that victims should be able to sue platforms for violations in handling personal information, including data leaks.

The issue will be resolved in the updated Article 13 of Indonesia’s data protection bill, which was discussed between the Ministry of Communications and Information and members of parliament on Monday.

Perpetrators can be prosecuted in courts, while victims can take legal action against the company for compensation, ministry Semuel Ajibrani Pangerapan said, according to a parliamentary meeting document. He added that compensation can take any form preferred by the victim. It’s because there is an obligation [for platforms] protect [users] The data. If there is a leak, it is because of their [platforms] neglect, Pangerapan said.

Indonesian digital platforms have faced a number of significant data breaches this year. E-commerce giant Tokopedia suffered an alleged 91 million data leak, while fintech aggregator Cermati reported that the personal information of 2.9 million users had been compromised.

Sinta Dewi Rosadi, associate professor at the Faculty of Law at the University of Padjajaran, said the bill will put the blame for the data leak or breach on the right company or institution. Before accusing a third party, such as hackers, for the leak, they would first have to prove that there is no problem with their system, she said. KRASIA.

Rosadi, however, added that the current bill has yet to define what is classified as a data breach or breach. They only specified what is considered illegal data processing or illegal harvesting, she said.

Under existing law, such as the Electronic Information and Transaction Act or Government Regulation 71/2019, the Platforms do not suffer any consequences in the event of a user data leak. As for the perpetrators, they could be sentenced to a maximum sentence of 12 years in prison and a fine of up to IDR 12 billion (USD 852,000).

Personal data includes name, national identity card number, address and biometric data, among others. Indonesian President Joko Widodo submitted the draft data protection law to parliament in January this year. However, it is still discussed by parliament and could be promulgated in 2021.



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