scholarly journals The Urgency of Establishing Personal Data Protection Act and Financial Technology Act in Digital Era in order to Protect and Control the Privacy in Indonesia

2020 ◽  
Author(s):  
Ira Apriyanti
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Personal Data Protection ◽  
Digital Era ◽  
And Control ◽  
Financial Technology

scholarly journals THE RISKS OF PERSONAL DATA THEFT IN FINTECH-BASED ONLINE LOAN APPLICATIONS DUE TO THE ABSENCE OF LAW IN INDONESIA

JURISDICTIE ◽  
2021 ◽  
Vol 11 (2) ◽  
pp. 163-181
Author(s):  
Dwi Nugrahayu Devianti ◽  
Prija Djatmika ◽  
Sukarmi Sukarmi
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Legal Issues ◽  
Legal Research ◽  
Personal Data Protection ◽  
Data Theft ◽  
The Many ◽  
Financial Technology

The online loan via financial technology (fintech) is currently a new buzz in Indonesian society. Its facilities and ease in proposing the loan are very much attracting. However, this online loan practice often raises legal issues; one of them is personal data misuse. This article analyzes the usage of other people’s personal data in fintech services. This is a doctrinal legal research with statute approach. The results reveal that personal data protection has yet firmly ruled in legislation. This proves that privacy is not an urgent matter to safeguard. It then implies to the many cases on personal data theft in online loan. The operators of fintech services are responsible to protect customers’ personal data. Those found guilty to misuse the personal data will be subject to criminal sanction.Pinjaman online melalui teknologi finansial menjadi trend baru masyarakat Indonesia. Berbagai fasilitas dan kemudahan dalam pengajuan pinjaman menjadi daya tarik tersendiri. Namun, praktik pinjaman online sering menimbulkan persoalan hukum, salah satunya adalah penyalahgunaan data pribadi. Artikel ini bertujuan menganalisis penggunaan data pribadi orang lain dalam layanan finansial teknologi. Artikel ini berasal dari penelitian hukum doctrinal dengan pendekatan peraturan perundang-undangan. Hasil penelitian ini menunjukkan bahwa perlindungan data pribadi belum diatur secara tegas dalam peraturan perundang-undangan. Kondisi ini menunjukkan bahwa privasi bukan persoalan yang urgen untuk dilindungi. Hal ini berimplikasi terhadap maraknya pencurian data pribadi dalam pinjaman online. Penyelenggara jasa layanan finansial teknologi memiliki tanggung jawab untuk melindungi data pribadi nasabah. Penyelenggara yang terbukti menyalahgunakan data pribadi dapat dikenai sanksi pidana.

scholarly journals URGENSI PERLINDUNGANDATA PRIVASIDALAM ERA EKONOMI DIGITAL DI INDONESIA

2018 ◽  
Vol 4 (1) ◽  
pp. 88-110 ◽  
Author(s):  
Sinta Dewi Rosadi ◽  
Garry Gumelar Pratama
Keyword(s):  
Economic System ◽  
Data Protection ◽  
Personal Data ◽  
Main Argument ◽  
Economic Community ◽  
Online Transactions ◽  
Personal Data Protection ◽  
Digital Era ◽  
The Government ◽  
International Character

As a prerequisite to enter into the digital economic system, the government should be able to guarantee and secure public trust in online transactions and communications.  At the same time the need arise to secure and protect privacy and personal data. The author, utilizing a juridical normative or dogmatic approach,discusses the issue how the Indonesian government should provide better and more reliable protection of privacy and personal data. Notwithstanding the existence of a number of rules from different Acts which provides for such protection, these are considered not sufficient in providing certainty in the digital era. The authors main argument is that a legal instrument providing privacy and personal data protection should fulfil three criteria: (1) possessing international character; (2) protecting privacy and personal data as a positive right; and (3) function to co-relate individual to the economic community as such.

scholarly journals PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI DALAM INDUSTRI FINANCIAL TECHNOLOGY

2020 ◽  
Vol 6 (2) ◽  
pp. 298-323
Author(s):  
Elvira Fitriyani Pakpahan ◽  
Lionel Ricky Chandra ◽  
Ananta Aria Dewa
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Legal Protection ◽  
Peer To Peer ◽  
Personal Data Protection ◽  
Peer Lending ◽  
The Government ◽  
Financial Technology ◽  
Penal Sanction

It came to the author’s attention that personal data collected or appropriated in the course of FinTech industry especially those that related to FinTech Peer to Peer Lending services are prone to misuse. The author, after perusing the prevailing laws regarding FinTech industry, concludes that a well-functioning system of rules has been put in place to regulate this industry. However, what is lacking is sufficient guarantee or protection of consumer’s personal data.  Available is the option to use a weak (administrative, civil or penal) sanction against alleged misuse or misappropriation of personal data.  To enhance better legal protection, the author suggests, that the government issue a special law on personal data protection, including establishing a a special governmental supervisory body to that purpose.

scholarly journals Risk Analysis and Control of Personal Data Protection in the Population Administration Information System

2019 ◽  
Vol 3 (3) ◽  
pp. 496-504
Author(s):  
Iqbal Santosa ◽  
Raras Yusvinindya
Keyword(s):  
Risk Analysis ◽  
Data Protection ◽  
Personal Data ◽  
Legal Protection ◽  
Primary Data ◽  
Risk Level ◽  
Public Attention ◽  
Personal Data Protection ◽  
Risk Management Process ◽  
And Control

Sistem Informasi Administrasi Kependudukan (SIAK) is an application used in managing personal data of residents in all cities/districts in Indonesia. Personal data becomes the public attention because if it is not managed properly it will have an impact on one's legal protection and non-compliance with regulations, i.e. Permenkominfo Nomor 20 tahun 2016 about Protection of Personal Data in the Electronic System. Risk analysis and control of personal data protection on SIAK applications are needed so that the personal data management can be carried out properly and comply with regulatory requirements. Data collected for this study are primary data, sourced from direct observations on the application, interview about assets related to SIAK along with possible risks, and also internal organizations documents. Data analysis was performed with a risk analysis using the ISO 31000: 2018 risk management process approach, where the identification of relevant risks refers to the Generic Risk Scenarios COBIT 5 For Risk, and the determination of relevant controls refers to the Department of Defense Instruction 8500.2 and NIST 800-53. This research involves the Head of Department and employees of Disdukcapil XYZ City that are related to the strategic and operational aspects of SIAK. The results of this study are the identification of 23 possible risks that are spread over 5 processes of personal data protection that classified into the medium-high risk level, and proposed risk control consisting of 19 preventive controls, 6 detective controls, and 2 corrective control.

scholarly journals Personal Data Protection in Indonesia: Legal Perspective

2020 ◽  
Vol 7 (7) ◽  
pp. 183
Author(s):  
Andriyanto Adhi Nugroho ◽  
Atik Winanti ◽  
Surahmad Surahmad
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Third Party ◽  
Data Breaches ◽  
Personal Data Protection ◽  
Private Data ◽  
Legal Perspective ◽  
Consumer Data ◽  
Financial Technology

The arrangement of personal data protection in national law is stipulated explicitly in the regulation of the Minister of the Ministry of communication and  Informasi  No. 20 of 2016 on the protection of personal data. In Indonesia, there are no rules that accommodate the protection of personal data on financial technology. That can be hazardous when the economic response of technology is not limited to its use. The case of personal data is not contained in the case of a Such hazard that may arise. The case from the theft of personal data, damage to the system that may allow the occurrence of data breaches, misuse of personal data that has been the business ruled itself, or other parties who may access personal consumer data (such as government). The need to set this up is important because private data is a person's privacy right. Still, it can fundamentally be economically valuable for a third party who is about to take advantage of it.

scholarly journals Digital Tracing and Malaysia's Personal Data Protection Act 2010 amid the Covid-19 Pandemic

2021 ◽  
Vol 1 (1) ◽  
pp. 47-62
Author(s):  
Olivia Tan Swee Leng ◽  
Rossanne Gale Vergara ◽  
Shereen Khan
Keyword(s):  
Data Protection ◽  
Mobile Applications ◽  
Personal Information ◽  
Effective Means ◽  
Personal Data ◽  
Third Party ◽  
Contact Tracing ◽  
State Agencies ◽  
Personal Data Protection ◽  
And Control

Digital tracing is a proven effective means for the Malaysian government to trace and control the spread of COVID-19. However, the process of tracing and tracking in order to manage the spread of the pandemic have in many ways compromised personal information to third party applications. Malaysia is not the only country that uses digital tracing to manage the spread of the pandemic. Various countries have chosen different methods for digital contact tracing to manage the spread of COVID-19 and some are less respectful of privacy than others. This paper analyses Malaysia’s Personal Data Protection Act 2010 (PDPA) and its effectiveness in protecting personal data during the pandemic as Malaysians continue to utilise the contact tracing mobile applications such as MySejahtera and SELangkah. The researchers applied doctrinal research method and analysed the current Malaysian legislation on data protection. It should be noted that the PDPA does not apply in the case of government collection and would not require federal and state agencies to be transparent in their data management.

Importance of Personal Data Protection Law for Commercial Air Transport

2017 ◽  
Vol 2017 (1) ◽  
pp. 35-44
Author(s):  
Dawid Zadura
Keyword(s):  
Data Protection ◽  
Public Information ◽  
Personal Data ◽  
Air Transport ◽  
Civil Aviation ◽  
Aviation Industry ◽  
Personal Data Protection ◽  
It Systems ◽  
Data Protection Law ◽  
The Law

Abstract In the review below the author presents a general overview of the selected contemporary legal issues related to the present growth of the aviation industry and the development of aviation technologies. The review is focused on the questions at the intersection of aviation law and personal data protection law. Massive processing of passenger data (Passenger Name Record, PNR) in IT systems is a daily activity for the contemporary aviation industry. Simultaneously, since the mid- 1990s we can observe the rapid growth of personal data protection law as a very new branch of the law. The importance of this new branch of the law for the aviation industry is however still questionable and unclear. This article includes the summary of the author’s own research conducted between 2011 and 2017, in particular his audits in LOT Polish Airlines (June 2011-April 2013) and Lublin Airport (July - September 2013) and the author’s analyses of public information shared by International Civil Aviation Organization (ICAO), International Air Transport Association (IATA), Association of European Airlines (AEA), Civil Aviation Authority (ULC) and (GIODO). The purpose of the author’s research was to determine the applicability of the implementation of technical and organizational measures established by personal data protection law in aviation industry entities.

Problems of establishment and development of the Institution of personal data protection in the Russian Federation: historical-legal aspect

2020 ◽  
pp. 28-35
Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich
Keyword(s):  
Russian Federation ◽  
Data Protection ◽  
Information Technologies ◽  
Legal Aspect ◽  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Russian Society ◽  
Personal Data Protection ◽  
The Russian Federation

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.

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