[PRESS RELEASE] PDP Bill and Fulfillment of Community Rights in the Digital Realm | Digital Expert Talks #3 with Facebook Indonesia

October 13, 2021 8:50 am || By

Yogyakarta, October 8, 2021 – The Personal Data Protection Bill (RUU PDP) is a policy product
widely discussed by netizens. By considering the issue of human rights, digital space users
encourage legal protection to overcome the spread of personal data management to its
distribution that poses risks such as online bullying, persecution, or even democratization.
Therefore CfDS, in collaboration with Facebook Indonesia, held Digital Expert Talks #3, which
invited Christina Aryani (Member of Commission I of the Indonesian House of Representatives
and the PDP Draft Bill Team), Noudhy Valdryno (Manager of Public Policy for Facebook
Indonesia & Timor Leste) Dr. Mahaarum Kusuma Pertiwi (Lecturer of the Faculty of Law, UGM),
and Kalis Mardiasih (Women’s Writer and Activist). Link http://ugm.id/liveDET3FB (Facebook)
or http://ugm.id/liveDET3 (YouTube)


Developments and Challenges of the PDP Bill

According to Christina, the PDP Bill has now passed three sessions and has taken too long. This
happened because it encountered several challenges during the PDP Bill, one of which was
related to authority. Where nine factions in the DPR have agreed that the PDP authority is
independent, but the Ministry of ICT wants this authority to remain under the ministry’s
auspices. Meanwhile, this bill will regulate all stakeholders such as the government, institutions,
public bodies to private entities in the future. Therefore, this authority should stand alone to
ensure no difference in treatment and that all stakeholders can obey the same law. Christina
also gave her views on several articles of the bill that violate human rights, one of which is the
article that regulates specific data such as sexual orientation and political views. According to
Christina, the state has no interest in knowing this because the information can cause
differences in the treatment of the data subject. However, 371 dim or around 40% have been
discussed with the status of 143 completed, 125 approved and agreed, ten dim pending, six
changes in substance, and 2 are new proposals. Regarding the challenges of the PDP Bill,
Christina stated, “The PDP Bill is a new bill, and there are still many who are not familiar, so
there is still much that needs to be done to get input and equalize perceptions from various
parties.”

Reviewing Articles Related to Data Verification and Accuracy
Responding from the platform side, Noudhy added that several articles need to be considered
in terms of application by technology companies, one of which is related to article 35, which
explains verification and data accuracy. This article assumes that the user provides data to the
platform with a 100% accuracy rate. As for the platform, this is quite difficult to do, because
later the data officer will continue to ask the data subject for the validity of the data. Then
when compared to other countries, for example, GDPR the platform is required to minimize
data requests so that not much data is provided but is legally sufficient. In addition, Noudhy
expressed his view that “The PDP Bill is not only intended for Big Tech but also all institutions
in Indonesia. Therefore, we also as data subjects have the right to demand responsibility for
the institution to comply with the PDP Bill.” Not only that, according to Noudhy, “The important
thing to note apart from the drafting of the PDP Bill is how in the remaining time, but education
regarding the PDP Bill can also be delivered properly and thoroughly.”
A view on human rights in the digital era

In terms of human rights, Arum also added his concern about protecting personal data by the
state. When discussing human rights, predominantly civil and political rights, some violations
state that when the state allows individual rights to be taken away by non-state actors, the
state is guilty of allowing this to happen. Meanwhile, according to Arum, currently, many
community data is managed by the state (data on vaccine participants in Care Protect, e-KTP,
etc.). This condition presents the potential for significant data leaks. Therefore Arum also
agrees that the authority of the PDP Bill is not under the auspices of the government. Especially
with the potential for violations committed by government agencies, but the authority to solve
problems also lies with the relevant agencies. Arum emphasized that if this happened, the
relevant government agencies’ leakage/misuse of data would not be resolved with the
applicable legal instruments. However, it does not stop there; Arum also asks that “The right
to personal data must be calculated proportionally, especially related to potential harm or
tangible harm.” She also advised the government, “In drafting regulations, it is better to
consider what issues should be regulated and what should not be regulated, because the
regulation could potentially be over-regulated or even cause problems.”

Expectations of the PDP Bill

From the perspective of female activists, Kalis said that the internet and digital devices are
used mainly by men in Indonesia. This is what prevents women from getting the same exposure
to digital literacy as men. While on the other hand, women are subjects who are very
vulnerable to misuse of personal data. For example, many data, phone numbers, videos, or
pornographic photos of underage girls, are selling on Twitter. Unfortunately, there is a
possibility that the child whose data was sold was not aware that he was being groomed, Kalis
added. Therefore, she underlined that “when making any legal product, remember that there
are not only men but also women in Indonesia.” The application of the law must also be
considered, considering the different characteristics of male and female data subjects. The rule
of law should also be more friendly to all vulnerable people such as women, children, and
disabilities. “Indonesia has a passion for protecting all its citizens regardless of their identity,
but often there are state regulations that are not related with that spirit,” Khalis said.


Author: Firya Qurratu’ain A.
Editor: Ruth T. Simanjuntak