Jakarta (ANTARA) - Any trade agreement involving data transfers between Indonesia and the US must comply with Indonesia's Personal Data Protection Law (PDP Law), a lawmaker has said.

"The mechanism for data transfers must adhere to the PDP Law we already have, as stipulated in Article 56," said Sukamta, Deputy Chair of Commission I at the House of Representatives (DPR), in a statement issued on Friday.

Article 56, paragraph (1), allows personal data controllers to transfer data to entities outside Indonesia, provided they follow applicable regulations. Paragraph (2) requires those controllers to ensure the receiving country offers an equal or higher level of data protection.

"Any data transfer to the US must meet equal conditions: reciprocal legal protections, including audit rights for Indonesian authorities and full control over citizens' strategic data," Sukamta stressed.

"If those conditions are not met, data controllers must obtain explicit consent from data subjects before proceeding with cross-border transfers," he added.

Sukamta urged Indonesia's negotiating team to fully grasp the legal framework outlined in the PDP Law to ensure future negotiations on digital trade align with national laws.

He also emphasized the importance of asserting data sovereignty, arguing that Indonesian citizens' personal data must remain under national jurisdiction, even when processed abroad.

"Our negotiators must not accept any cross-border data transfer scheme without proper legal safeguards, especially given that the US lacks a federal data protection law equivalent to Europe's GDPR (General Data Protection Regulation) and instead relies on state-level regulations," he said.

As a legislator focusing on defense and communications, Sukamta warned that data transfer is not merely a trade issue but also touches on digital sovereignty, national security, and economic equity.

He also called for the government to expedite the delayed implementing regulations under the PDP Law, including the government regulation on PDP implementation and the presidential regulation establishing a national data protection authority. Both were due in October 2024 and are now nine months overdue, he noted.

Previously, the White House announced that the US and Indonesia had agreed to begin negotiating a reciprocal trade agreement to strengthen economic ties.

One of its key provisions is the removal of digital trade barriers. Indonesia agreed to provide legal certainty for cross-border data transfers to the US and recognize the US as having "adequate" data protection under Indonesian law — a move that would allow for more flexible data flows.

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Translator: Primayanti
Editor: Anton Santoso
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