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Indonesia: Kominfo releases update on personal data protection legislation

The Ministry of Communication and Information Technology ('Kominfo') announced, on 4 November 2019, that it will submit a draft of the Personal Data Protection Act ('the PDP Bill') by the end of this year. In particular, Kominfo highlighted that it will seek to accelerate discussions of regulations related to personal data and that it intends for the PDP Bill to be passed in 2020. Moreover, Kominfo outlined that a Ministerial Regulation (Permen) on Personal Data Protection has been prepared, which is not in conflict with the PDP Bill and may be issued depending on the progress of the PDP Bill discussions.

In addition, Kominfo noted that it had issued Government Regulation No. 71 of 2019 concerning the Implementation of Electronic Transactions and Systems, which regulates, among other things, data centre placement, personal data protection, site authentication, and site domain name management.

You can read the press release, only available in Indonesian, here.

UPDATE (6 November 2019)

Kominfo and Commission I agree to prioritise the PDP Bill

Kominfo announced, on 5 November 2019, that it had agreed together with the Commission I of the House of Representatives ('the Commission I') to discuss the PDP Bill as a priority in the 2020 National Legislation Programme. In particular, the Minister of Communication and Information, Johnny G. Plate, stated that, among other things, protecting personal data is a priority of the current Government, and, therefore, that the PDP Bill will be sent to the Indonesian Parliament later in 2019. Moreover, Plate added that the PDP Bill will remain within the legislative process, namely, between January and July 2020, and that it is aimed that it will be enacted in October 2020. In addition, Plate noted that Kominfo needs to encourage the issuance of the PDP Bill given that, at present, the rules of personal data in Indonesia remain scattered across various types of regulations, and thus, need to be consolidated.

You can read the press releases, only available in Indonesian, here and here.

UPDATE (25 November 2019)

Kominfo states the PDP Bill is part of data sovereignty roadmap

Kominfo issued, on 20 November 2019, a press release, which notes, among other things, that Plate has called the PDP Bill the Government's roadmap for data sovereignty, and called for its realisation through a data centre. In addition the Kominfo stated that Indonesia must migrate from the physical world to the digital world.

You can read the press release, only available in Indonesian, here.

UPDATE (2 December 2019)

Kominfo describes multi-stakeholder approach strategy for data protection

Kominfo announced, on 27 November 2019, that Plate had stated that Indonesia has taken the approach of engaging a wide range of stakeholders in the strategy of protecting the data of all citizens. In particular, Plate noted that these stakeholders include the ministries, national police, technology and telecommunications companies, and civil society. In addition, Plate highlighted that the Government will soon complete the PDP Bill, which is currently discussed in Parliament, and that the new data law will not only recognise data privacy as a basic right of citizens, but will also guarantee the protection of consumer data.

You can read the press release, only available in Indonesian, here.

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