A Guide to the Upcoming Indonesian Data Protection Law

There had been several drafts of the law on Personal Data Protection until the final draft that was submitted by the Indonesian Government to the House of Representatives on 24 January 2020 (“Final Draft Law”). When passed, it will be Indonesia’s first framework legislation to specifically deal with and serve as the ‘umbrella regulation’ on personal data protection.

Written by Kurniawan Tanzil and Brinanda Lidwina Kaliska, this article discusses and summarizes the main provisions of the Final Draft Law, which hopefully will be passed as the new Personal Data Protection Law this year. The Final Draft Law has 72 Articles in 15 chapters covering the following topics:

1. the definition and types of personal data;

2. the rights of data subjects;

3. the processing of personal data;

4. the obligations of data controllers and processors when processing personal data;

5. transferring personal data;

6. administrative sanctions;

7. prohibitions against certain uses of personal data;

8. the establishment of behavior guidelines for personal data controllers;

9. the dispute resolution over the use of personal data;

10. international cooperation;

11. the roles of the government and the public; and

12. sanctions.

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