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User’s Data in the Internet
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User’s Data in the Internet

In this technology era, certainly there are many internet users. In using the internet, especially social media, which currently is most used, the social media users certainly input their private information and/or data. Therefore such private information and/or data is available in such internet media. How is the regulation regarding private information and/or data in Indonesian law?

According to Law of the Republic of Indonesia Number 19 of 2016 on the Amendment to Law Number 11 of 2008 on Electronic Information and Transactions (“UU No. 19/2016”), Electronic Information is one or a set of electronic data, including but not limited to text, voice, image, map, design, photo, electronic data interchange (EDI), electronic mail, telegram, telex, telecopy or the like, letter, sign, number, Access Code, symbol, or perforation which has been processed and which has meaning or may be understood by people who are able to understand it.

Article 26 pararaph (1) and (2) of UU No. 19/2016 regulates the following matters:

  1. Unless determined otherwise by Laws and Regulations, the use of any information through electronic media which is related to the personal data of a person shall be conducted with consent from the Person concerned.
  2. Every person whose right is violated as referred to in paragraph (1) may file a lawsuit for the loss incurred based on this Law.
  3. Every Electronic System Operator is obliged to delete irrelevant Electronic Information and/or Electronic Documents which are under his control at the request of the person concerned based on a court order.
  4. Every Electronic System Operator is obliged to provide a mechanism for deleting Electronic Information and/or Electronic Documents that are no longer relevant in accordance with the provisions of laws and regulations.
  5. Provisions regarding the procedure for deleting Electronic Information and/or Electronic Documents as intended in paragraphs (3) and (4) are regulated in government regulations.

Elucidation of Article 26 paragraph (1) UU No. 19/2016 states that, in the utilization of Information Technology, personal data protection is one of the parts of privacy rights. Privacy rights are defined as follows:

    1. Privacy rights are the right to enjoy a private life and be free from all kinds of distractions.
    2. Privacy rights are the right to be able to communicate with Other Persons without being  spied on.
    3. Privacy rights are the right to supervise information access regarding someone’s personal life and data.

Thus, it can be concluded that the applicable law in Indonesia is sufficient to provide protection for data submitted by internet users to electronic system operators.

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