The Constitutional Court Rejects 2 Material Tests Of The Personal Data Protection Law

ILLUSTRATION BETWEEN

JAKARTA - The Constitutional Court rejected two lawsuits against Law Number 27 of 2022 concerning Protection of Personal Data, either requests to test excluded data for national security interests or data protection for business activities carried out at home. "To try, reject the Petitioner's request in its entirety," said Chief Justice of the Constitutional Court Anwar Usman when reading the verdict, reported by ANTARA, Friday, April 14.

In the trial of Case Number 110/PUU-XX/2022, the Petitioner questioned the excluded data for the benefit of national security. For the Petitioner, this has the potential to lead to data misuse on the grounds of national security interests. In this case, Constitutional Justice Suhartoyo stated that the Constitutional Court assessed that the exception, as stated in Article 15 paragraph (1) letter a of Law 27/2022, was in line with the principles of public interest. "Where processing Personal Data by the state is only used to protect the public interest and the wider community, in accordance with the laws and regulations," Suhartoyo said.. In addition, in the trial of case Number 108/PUU-X/2022, the Petitioner questioned the absence of arrangements regarding personal data protection in business activities carried out at home. In fact, the proliferation of e-commerce allows various businesses to take place at home.

In this regard, the Constitutional Court considers that Article 2 paragraph (2) of Law 27/2022 does not result in personal data in business activities carried out at home being not protected. For the Constitutional Court, the existence of these norms actually provides protection for activities that are only carried out in a personal or family sphere or in other words is a private domain.