Personal Information Protection Bill (PDP) Indonesia

    Overview

    Indonesia's Personal Data Protection (PDP) Bill, officially enacted as Law No. 27 of 2022, aims to safeguard individuals' personal data in the context of increasing technological advancements and data transfers, bringing Indonesia closer to global standards for data privacy, empowering individuals to control their personal information and ensuring businesses handle data responsibly. The law positions the right to personal data protection as a fundamental human right and provides a comprehensive framework for managing personal data processing activities within and beyond Indonesia's borders. The PDP Law balances individual rights with public interests, ensuring that personal data is processed in accordance with principles like transparency, fairness, and accountability. 

     

    Regulation Summary

    Timeline
    • Enacted: October 17, 2022
    • Effective: October 17, 2024
    What Businesses Are Affected

    The PDP applies to:

    • Entities operating within Indonesia that process personal data.
    • Foreign businesses targeting or processing the personal data of Indonesian residents.
    Exemptions
    • Personal or household data processing.
    • Data processed for national security, defense, or public safety purposes.
    Responsibilities for Businesses
    • Obtain clear, informed consent before collecting personal data.
    • Maintain transparent policies about the purpose of data processing.
    • Implement robust security measures to safeguard data.
    • Respond to data subject requests within 72 hours.
    Specific Responsibilities for Website Owners
    • Publish a clear privacy policy detailing data collection practices.
    • Implement cookie consent mechanisms for tracking technologies.
    • Provide users with the ability to withdraw consent or opt-out of processing.
    Additional Requirements
    • Appoint a Data Protection Officer (DPO) for significant data processing operations.
    • Notify authorities and affected individuals within 72 hours in the event of a data breach.
    • Maintain detailed records of data processing activities.
    Data Subject Rights
    • Access: Request copies of their personal data.
    • Correction: Amend inaccurate or incomplete data.
    • Erasure: Request deletion of personal data under specific conditions.
    • Portability: Transfer personal data to another service provider.
    • Objection: Opt-out of data processing for marketing or profiling.
    Enforcement
    • Regulatory Authority: The Ministry of Communications and Informatics.
    • Penalties:
      • Administrative fines up to 2% of annual revenue.
      • Suspension of data processing activities.
      • Criminal charges for serious violations.
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