YOGYAKARTA - The White House, on Tuesday, July 22, released a framework for the reciprocal trade agreement between Indonesia and the United States (US). One of the important points in the agreement is related to personal data transfer.
In its official statement, the White House emphasized that Indonesia has committed to overcoming obstacles that affect digital trade, services, and investment.
Indonesia has committed to overcome obstacles that have an impact on digital trade, services, and investment. Indonesia will provide certainty regarding the ability to transfer personal data out of its territory to the United States, "as stated in the statement.
Executive Director of the Indonesia Information and Communication Technology (ICT) Institute, Heru Sutadi, reminded the government to immediately provide legal certainty regarding the management of personal data of Indonesian citizens (WNI) in the context of this collaboration. According to him, data utilization must be clarified so as not to interfere with national sovereignty and security.
"Indonesia is in danger like a greenhouse where everything can be monitored clearly," Heru said on Thursday, July 24, 2025.
He assessed that the government must firmly ensure the objectives of managing personal data, the type of data to be transferred, and the protection of the data. He acknowledged the importance of the agreement to reduce tariff pressure from US President Donald Trump, but the interests of personal data were not commensurate to be compromised for economic gain alone.
Furthermore, Heru explained that personal data includes important information such as face, address, phone number, NIK, medical history, to financial transactions. In fact, biometric and genetic data is also included in the category of very sensitive personal information. If not managed carefully, the spread of this kind of data can pose a risk of discrimination, intimidation, or abuse.
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Responding to the growing issue, Hasan Nasbi, Head of the Presidential Communication Office (PCO), explained that the data transfer agreement still refers to the Personal Data Protection Act. Hasan emphasized that data exchange was carried out only with countries that were recognized to be able to protect and protect personal data.
"We only exchange data based on the Personal Data Protection Data Law to countries that are recognized to be able to protect and guarantee personal data," he said at the Presidential Palace, Jakarta, Wednesday, July 23.
He explained that this data exchange is within the framework of trade cooperation, especially for commodities that have the potential to be misused, such as chemicals. He gave an example of palm glycerol which can be used as fertilizer or can also be used as explosives.
Hasan also emphasized that the data referred to in this agreement is commercial information, such as the actors involved in buying and selling transactions.
"So this goal is that all commercials are not for our data to be managed by others, and we also don't manage other people's data. That's roughly the case," he explained.
In line with Hasan, spokesman for the Coordinating Ministry for Economic Affairs, Haryo Limanseto, emphasized that the data to be transferred to the US is not personal data, but commercial data. Unlike personal data, commercial data leads more to processing information and sales transaction patterns.
"Strategic data that are prohibited from being issued are regulated by law. So if it's personal data, it's like name, age, but if the commercial data, right, it's like processing it, right, it's like selling in which area," said Haryo at the Coordinating Ministry for the Economy Office, Jakarta, Wednesday 23 July.
He added that all data transfer mechanisms will be further regulated by the Ministry of Communication and Digital Affairs (Komdigi) as an institution responsible for data management. All forms of data requests from the US will also be regulated and evaluated by Komdigi to remain in accordance with applicable laws and regulations.
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