“It is important to stress that claims suggesting the ART regulates civil registry data transfers from the Indonesian government to the US government are entirely false,” Hafid told Commission I of the House of Representatives (DPR) in Jakarta on Monday.
She explained that the bilateral pact is limited to governing data flows related to digital commerce and activities within the digital ecosystem.
“Article 3.2 of the agreement specifically addresses data flows concerning digital trade,” she noted.
Hafid confirmed that the ART requires Indonesia to ensure the feasibility of transferring personal data relevant to trade activities by recognizing US data protection standards.
However, she emphasized that such transfers must comply with Indonesia’s Personal Data Protection (PDP) Law, which ensures national authority over cross-border data governance.
The minister elaborated that the PDP Law stipulates cross-border transfers are permissible only if the destination country enforces protection standards of equal strength.
She added that Indonesia is establishing a personal data protection agency to assess the adequacy and reliability of partner countries’ safeguards.
“Recognition of the US as meeting data protection standards requires assessment procedures consistent with the PDP Law and related provisions,” Hafid said.
She further stressed that data recipients must guarantee protection through binding contracts, while data owners may provide explicit consent after being informed of potential risks.
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Translator: Farhan Arda, Tegar Nurfitra
Editor: Aditya Eko Sigit Wicaksono
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