JAKARTA - Communication and Digital Minister Meutya Hafid stated that the practice of data transfer regulated in the Agreement on Reciprocal Tariff (ART) between Indonesia and the United States does not need to wait for the Personal Data Protection Agency (PDP).

Because according to Meutya, the government can make an assessment of the security standards of the country where the data exchange is carried out, without the existence of a PDP institution.

"So, it's not a standard curation by the PDP, but we see whether these countries are considered safe enough. But it's not specific to say it must be by the PDP," Meutya told the media when he was met at his residence on Friday, February 27 in Jakarta.

He gave an example of European Union countries which were considered to have data protection standards similar to the data security standards in Indonesia which were contained in the PDP Law.

"So it means, as long as the agency has not become one, we can also assess it like in the European Union, for example. They have also benchmarked with the same standards as our PDP law," he explained.

The United States, he said, also wants to be recognized as equal in terms of data security, given that many global cybersecurity and technology companies are based there.

"Well, the difference is that America also wants to be considered a country that is also recognized by Indonesia as equivalent to security in Indonesia," added Meutya.

Based on Law Number 27 of 2022 concerning the Protection of Personal Data (PDP Law), data transfer abroad does require an equivalent level of protection.

The provision is contained in Article 56 Paragraph 2, which reads:

"In carrying out the transfer of Personal Data as referred to in paragraph (l), the Personal Data Controller must ensure that the country where the Personal Data Controller receiving the transfer of Personal Data has a level of Personal Data Protection that is equivalent to or higher than that regulated in this Law."

However, Meutya admitted that he had a PR to form a PDP institution to tighten the security of data exchange.

"So we have a task to immediately create or make a personal data protection agency, that's right. Then to supervise the future better," he said.


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