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Charting pathways for Indonesia’s personal data protection ecosystem
The wait-and-see approach of some of the private ESPs to registering with the Online Single Submission (OSS) was understandable as they would have to comply with some problematic provisions in the regulation related to data governance, content moderation and access to their systems.
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Pandemic boom: A phone screen displays the popular word game 'Wordle'. Indonesians have recently been playing the web-based game and sharing their results on social media. (JP/Radhiyya Indra)
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strong data protection framework will provide a solid legal basis for the government to enforce the law and act against cybercriminals, such as hackers and scammers, while also establishing a system of legal accountability for electronic service providers (ESPs).
Governments, however, may not have the sufficient time and resources to deal with highly technical standards and mechanisms in a rapidly changing digital ecosystem. Consequently, a co-regulatory approach to the personal data protection ecosystem is needed.
This approach will complement the enforcement of professional and technical sector-specific standards while focusing on preventive measures and engaging non-state actors in enforcement mechanisms. A government-centric approach is no panacea to the emerging digital threats.
Legal accountability will provide a checks-and-balances system to help the ESPs ensure they impose appropriate measures in identifying whether they were liable to data breaches, or implement sufficient measures to prevent such breaches as they may affect their business operation.
Having a solid data protection framework will help foster consumer trust and increased technological adoption of various digital platforms, which in turn can incentivize investment, competition and innovation in the Indonesian digital economy landscape.
The current regulatory framework for personal data protection employs a top-down approach with the Communications and Information Ministry as the main regulator and administrator.
Government Regulation (PP) No. 71/2019 on the implementation of electronic systems and transactions and its derivative regulation, Ministerial Regulation No. 5/2020 on private ESPs, provide the ministry the authority to require all platforms to register with the ministry via the Online Single Submission (OSS) system prior to commencing operation.
