"The first one pertains to personal data clarification," Sambuaga stated during the online Digiweek 2021 observed here on Tuesday.
He pointed to the absence of a regulation that comprehensively detailed the clear boundary of what constituted personal data associated with citizenship data, biography data, work, or also the family tree.
He remarked that the lack of clear clarification would be causal to legal uncertainty that will result in less than optimal protection.
The second challenge lies in the non-implementation of the obligatory standard technical requirement within the electronic system trading related to the system's security in receiving, storing, and using consumer's personal data, he pointed out.
"It perhaps can be seen from the several cases of data leak wherein the consumer data was stored within a system managed by an electronic trade platform," Sambuaga explained.
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The third challenge was related to the information and electronic transaction law, he highlighted.
Criminal and administrative penalties for those misusing consumers' personal data had yet to be clearly stipulated.
In accordance with Law No. 8 of 1999 on Consumer Protection, consumers have the right to comfort and security, including personal data protection from individuals that can misuse them.
In accordance with the Government Regulation (PP) on Electronic System and Transaction, personal data can be defined as data about someone and data that can be identified personally or by combining them with other pieces of information, both directly or indirectly.
"Consumer's personal data can be used by other parties to derive advantage, such as selling them as identity data for online transactions or also using them to apply for a loan or several other aspects that could harm consumers," Sambuaga pointed out.
Hence, within the trade PP through the electronic system, or PMSE, entrepreneurs are obligated to store consumer data in accordance with the personal data protection standard, he emphasized.
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Translator: Sella Gareta, Fadhli Ruhman
Editor: Suharto
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