Palace Confirms Personal Data Is Not Included In Digital Deal With US

JAKARTA Head of the Presidential Communication Office, Hasan Nasbi, emphasized that the agreement regarding data transfer in cooperation on import rates between Indonesia and the United States (US) does not include public personal data. This affirmation responds to an official statement from the White House which states that there is a commitment from Indonesia regarding the "relocation of personal data" as part of the digital trade agreement between the two countries.

According to Hasan, the purpose of the data exchange is purely commercial, limited to certain goods and services that require data disclosure between the seller and the buyer. He emphasized that personal data remains under national legal protection and is not included in this transfer scheme.

"The goal is solely for commercial purposes, not so that our data is managed by foreign parties, or vice versa. This is for certain goods and services that really need strict supervision because it has the potential to be useful as well as dangerous material, such as chemicals. In that context, transparency is needed: who is the buyer and who is the seller," Hasan Nasbi said in his official statement, Wednesday, July 23.

Hasan gave an example of palm glycerol, a palm oil derivative product that can be processed into fertilizer, but also has the potential to be used for explosives. Therefore, he explained, the trade in goods of this type requires strategic management and open data disclosure to avoid abuse.

He added that none of the articles in the agreement stated that Indonesia submitted personal data of its citizens to other countries. Hasan emphasized that Indonesia already has a strong legal umbrella through Law Number 27 of 2022 concerning Personal Data Protection, which strictly regulates all forms of transfer and management of personal data.

"We only exchange data with countries that we officially admit have an equivalent or higher level of data protection. It's the same as our cooperation with the European Union or other countries in the context of the digital economy," he said.

Hasan's statement came in response to the official White House documents released on the same day. In the statement, the United States said that as part of removing barriers to digital trade, Indonesia would provide "legal certainty" regarding the transfer of personal data to the US, acknowledging that the US has an adequate data protection system.

The document states that digital agreements between the two countries will include a number of aspects, including commitments to digital trade, services, investment, and the removal of barriers to cross-border data flow.

However, Hasan emphasized that the statement needed to be interpreted carefully, so as not to be misunderstood as if Indonesia violated data sovereignty. He emphasized that all cooperation is carried out within the framework of national law and will not sacrifice the security and rights of citizens.

"So people don't need to worry. The principle is clear: personal data for Indonesian citizens can only be transferred to other countries if the country is recognized as capable of protecting data according to Indonesian legal standards," he said.

This agreement is part of an economic cooperation package that has been successfully negotiated by the Government of Indonesia, including a reduction in import rates from the United States from 32 percent to 19 percent, as previously explained by President Prabowo Subianto.