Personal Data Is Not A Commodity: TB Hasanuddin Reminds Potential Violations In Cooperation With The US

JAKARTA - Member of Commission I DPR RI, TB Hasanuddin, asked the Indonesian government to be open in responding to the White House's statement regarding cooperation in managing personal data by an entity based in the United States (US).

According to him, the public has the right to know in detail how the cooperation is, especially when it comes to the personal data of Indonesian citizens (WNI).

Personal data is part of private property that is guaranteed by the constitution. According to Article 28H paragraph 4 of the 1945 Constitution, everyone has the right to own their own property and should not be arbitrarily taken over by anyone. So it should not be arbitrary about personal data," said TB Hasanuddin in his statement in Jakarta, Thursday, July 24.

The PDI-P politician also reminded that the Personal Data Protection Act (UU PDP) has strictly regulated data transfer abroad.

Article 56 paragraph (2) of the PDP Law states that personal data transfer can only be done if the destination country has an equal or higher level of legal protection than Indonesia.

Our PDP Law is equivalent to the GDPR belonging to the European Union. Meanwhile, the United States does not yet have equivalent comprehensive rules. This could potentially violate the law," he said.

In addition, he highlighted the absence of implementing regulations in the form of Government Regulations (PP) as mandated in Article 56 paragraph (3) of the PDP Law, which regulates the technical transfer of data abroad.

"Until today there is no PP yet. So the derivative rules are still incomplete," said the legislator from the West Java IX electoral district.

TB Hasanuddin also reminded the government not to rashly open the access to Indonesian citizens' personal data to foreign parties without adequate legal clarity.

"The government must be transparent and careful in agreeing on cooperation that involves the personal data of its citizens. Do not let Indonesia's sovereignty be torn apart by foreigners," said the retired TNI officer.

Previously, United States President Donald Trump announced points of trade cooperation with Indonesia through the official White House website. In the statement, it was stated that there was an Indonesia-US agreement in the fields of trade, services, and digital investment.

One of the points highlighted stated that Indonesia would provide certainty regarding the ability to transfer personal data outside its territory, including to the United States.