Yogyakarta, November 11th 2021─Implementation challenges in drafting the Personal Data Protection Bill (PDP) to protect personal data in the era of big data and the digital economy are discussed in Digital Expert Talks #5. The discussion in collaboration with Facebook Indonesia presented four speakers, namely Andhityo Rizaldi, Member of Commission I of the House of Representatives of the Republic of Indonesia; Tuaman Manurung, Sub-Directorate of PDP Governance of the Ministry of Communication and Information of the Republic of Indonesia; Noudhy Valdryno, Public Policy Manager for Facebook Indonesia and Timor Leste; and Dr. Novi Kurnia, JAPELIDI Coordinator & Lecturer of the Department of Communication Science of UGM.
On that occasion, Bobby explained about the dynamics of the drafting of the PDP Bill which is quite complex. “This PDP Law does not only regulate private institutions, but also government institutions,” Bobby explained. So, according to him, there is a need for public representation in the supervisory body which is also capable of supervising the public institutions or state institutions. This public representation can also come from the industrial sector, the community, and the government. According to Bobby, the principle of representation is the most important, apart from being professional and accountable.
Tuaman, a representative from the Ministry of Communication and Information of the Republic of Indonesia explained that the process of drafting the PDP Bill was indeed dynamic. The bill, which has been drafted since 2018, involves three ministries, namely the Ministry of Communication and Information of the Republic of Indonesia, the Ministry of Law and Human Rights of the Republic of Indonesia, and the Ministry of Home Affairs of the Republic of Indonesia. He explained that there are differences with several other countries in the world.
“The majority of countries in the world only regulate from an administrative side, prioritize fines, and not many use a criminal context,” he added. After being set to be included in the 2021 National Legislation Program, until now the bill is still in the discussion stage. Bearing in mind, of the 371 DIM that became the list of discussions, only about 150 DIM have been completed and there are still 219 DIM to be completed. On the other hand, Tuaman explained that his party was preparing a draft RPP to explain the implementation of the PDP Bill. “Derivative arrangements, whether it’s a Presidential Decree or a PP, are technically related as well as implementation,” Tuaman said.
In line with Bobby and Tuaman, Valdryno also stated that the PDP Bill has quite complex challenges. “As we know, there are more than 300 chapters, and each of its derivatives has its own ‘world’’ so you can imagine how complex it is,” he explained. Although it is quite complex, he still hopes that the PDP Bill can be completed soon towards a real digital economy. In addition, he also said that with the remaining time, he hoped that all existing platforms could still provide input and be involved in discussing technical articles. “Don’t let the rules apply, but to be obeyed is very difficult,” Valdryno concluded.