Constitutional Justice Suhartoyo reading out the Court’s legal considerations at the ruling hearing of the material judicial review of the Personal Data Protection Law, Friday (4/14/2023). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — Upon close observation, it is clear that Law No. 27 of 2022 on Personal Data Protection (PDP Law) has given legal entities the opportunity to act as personal data controllers. Article 48 of the PDP Law has regulated the control mechanism over personal data of legal entities when dealing with the processing of personal data owned by personal data subjects by combining, separating, merging, ad or dissolving legal entities. As such, the legal entities have the obligation to notify personal data subjects of the transfer of their personal data.

This was the Constitutional Court’s (MK) stance in its legal considerations for Decision No. 108/PUU-XX/2022, read out by Constitutional Justice Suhartoyo at a ruling hearing on Friday, April 14, 2023 in the plenary courtroom presided over by Chief Justice Anwar Usman and the other constitutional justices. The case was petitioned by Leonard Siahaan.

Private and Noncommercial

Justice Suhartoyo revealed that, with regard to the Petitioner’s argument over Article 2 paragraph (2) of the PDP Law, the Court considers the protection of personal data as a form of protection of human rights, as technological advancements have allowed humankind to be connected regardless of state territory. Consequently, personal data can be gathered and transferred between parties easily without the subjects’ consent.

Therefore, regulations on the protection of personal data are crucial in order to protect individual rights in the community. The Court believes that personal data processing by individuals in household activities is a form of private, noncommercial data processing.

“Therefore, despite the activities in e-commerce are done at home, they cannot be excluded, as referred to in Article 2 paragraph (2) of the PDP Law. Therefore, the Petitioner’s argument on the unconstitutionality of the article was legally groundless,” Justice Suhartoyo asserted.

Also read:

Provisions on Personal Data Security for Individuals and Home Businesses Challenged

Petitioner Provides Comparison of Provisions on Personal Data Protection

Personal Data an Exception in Personal Data Processing 

Govt: Law on Personal Data Protection Provides Legal Protection 

Personal Data Protection Law Serves to Protect Citizens’ Dignity 

Entire Petition Rejected

Meanwhile, the petition No. 110/PUU-XX/2022, filed by Dian Leonaro Benny, who alleged that Article 15 paragraph (1) letter a of the PDP Law was in violation of Article 28D paragraph (1) and Article 28E paragraph (1) of the 1945 Constitution, was rejected in its entirety.

Reading out the Court’s legal considerations, Justice Suhartoyo asserted that the norms in Chapter IV on the Rights of Personal Data Subjects have nine articles that regulate the rights of personal data subjects, not only regulates the interest of national defense and security, but also law enforcement process and public interest in governance. Therefore, the implementation of the five exceptions in the articles is interconnected. Therefore, public interest has a fundamental function in that protection over personal data must take into account public interest broadly. This is in line with what the Elucidation to Article 3 letter c of the PDP Law explicitly explains.

“If the definition of the interest of national defense and security is limited rigidly, it will be narrowed and the scope of public interest, both in state administration and its function as the principle of the PDP Law, will also be limited. Thus, if Article 15 paragraph (1) letter a of the PDP Law was declared unconstitutional, it would result in a legal vacuum, especially with regard to the regulation of exceptions to the rights of personal data subjects that can be excluded when the public interest, including national defense and security, is needed,” Justice Suhartoyo asserted.

Author       : Sri Pujianti
Editor        : Nur R.
PR            : Fitri Yuliana
Translator  : Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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