Research Article
Consumer Personal Data Protection: Between Expectations and Reality
@INPROCEEDINGS{10.4108/eai.8-6-2021.2314376, author={Nurul Fibrianti and Amarru Muftie Holish}, title={Consumer Personal Data Protection: Between Expectations and Reality}, proceedings={Proceedings of the 4th International Conference on Indonesian Legal Studies, ICILS 2021, June 8-9 2021, Semarang, Indonesia}, publisher={EAI}, proceedings_a={ICILS}, year={2022}, month={2}, keywords={personal data law consumer protection}, doi={10.4108/eai.8-6-2021.2314376} }- Nurul Fibrianti
Amarru Muftie Holish
Year: 2022
Consumer Personal Data Protection: Between Expectations and Reality
ICILS
EAI
DOI: 10.4108/eai.8-6-2021.2314376
Abstract
Consumer Personal Data is personal data that is often used by irresponsible parties. The data must be protected to avoid misuse of the data. The regulation is contained in Article 26 of Law Number 11 of 2008 as amended by Law Number 19 of 2016 concerning Information and Electronic Transactions, and supplemented by Regulation of the Minister of Communication and Information Technology Number 20 of 2016 concerning Protection of Personal Data in Electronic Systems and Government Regulations Number 71 of 2019 concerning Electronic System and Transaction Operators. These laws and regulations are not sufficient to provide a legal umbrella, especially the protection of consumer personal data.This research is a qualitative research, using a normative approach, by analyzing the sources of positive legal sources in the form of laws and literature sources containing applicable legal theories and concepts..The study shows that there is a legal vacuum in the protection of consumer personal data in several applicable standard rules, this is explained by the absence of specific and comprehensive legal rules that can provide legal protection for the protection of the consumer's personal data.The conclusion of this study shows that the issuance of a personal data protection law is very urgent. This is because the concept of the existence of existing positive law has not been able to give birth to justice and certainty as well as legal benefits that should exist in a positive legal rule.
