JAKARTA - The cross-border data transfer clause attached to the trade agreement between the United States and Indonesia still drew a lot of criticism from the public, both the general public and cybersecurity experts.
The reason is, the cross-border data transfer agreement intended in this agreement has not been clearly defined. Regarding what kind of data is shared, what is the purpose, and how can the government ensure that the data is not misused.
Cybersecurity expert and Chairman & Founder, Indonesia Cyber Security Forum (ICSF) Ardi Sutedja emphasized that this data sharing practice must have clear agreement from the data owner.
He said, the practice of asking for permission, such as those that give the application permission to access something from a cellphone, which only needs to check the box on the terms and conditions of the service, is not enough to guarantee the protection of user rights on his personal data.
"If there is personal data from people, names, NIK, NPWP, that is important. You have to ask for approval, you can't just tick," said Ardi when met in Jakarta on Thursday, July 24 yesterday.
This statement came after the Minister of Communication and Digital Affairs, Meutya Hafid, previously emphasized that the trade agreement with the US was not a form of freely submitting personal data.
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Meutya stated that the agreement in question could actually be a legal basis for protecting Indonesian citizens' personal data when using digital services provided by US-based companies, such as search engines, social media, cloud services, and e-commerce.
However, Ardi assessed that the statement had no relevance to the transfer of the data in question. "There is no relevance. If you say commercial data, there is a lot of commercial data on Google, just look for it, don't transfer it," he said.
He also emphasized that there is no 100% secure technology. This means that no one can ensure that the data will be safe if transferred to the US. Moreover, the US does not have a Federal Law governing data protection.
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