Personal Data Protection Rights Under Law Number 27 of 2022 (PDP Law) strengthens the protection of personal data by outlining seven essential rights of Personal Data Subjects. These rights, codified in Articles 5 through 13 of the law, empower individuals to maintain control over their personal information and ensure that their data is handled transparently and securely. Below is a detailed overview of these rights:

1. The Right to Obtain Clear Information Regarding the Use of Personal Data

As stated in Article 5 of the PDP Law, Personal Data Subjects have the right to receive clear information about how their personal data will be used. This includes:

• The identity of the party collecting the data.

• The legal basis for processing the data.

• The purpose for which the data is being requested and used.

• The accountability measures of the data controller.

  
  

This provision underscores the law's emphasis on transparency and clarity as fundamental principles for data processing, ensuring that Personal Data Subjects are fully informed about the handling of their personal data.

2. The Right to Correct and Update Personal Data

Under Article 6 of the PDP Law, Personal Data Subjects are entitled to correct, complete, and update any inaccurate or outdated data about themselves. The law ensures that data controllers respond to such requests within a maximum of 3 x 24 hours. Once the update is made, the data controller is required to notify the Personal Data Subject of the changes made to their data.

This right helps ensure the accuracy of personal data, reflecting any changes or corrections requested by the individual.

3. The Right to Access Personal Data

Article 6 also grants Personal Data Subjects the right to access and obtain a copy of their personal data that is being processed. The data controller must ensure that adequate procedures are in place for subjects to request and receive their data in compliance with statutory provisions.

This right ensures that individuals can review the data held about them, enhancing their ability to monitor how their personal data is being used.

4. The Right to Delete Personal Data

Article 8 provides that Personal Data Subjects have the right to delete or destroy personal data about themselves. This right is aligned with the principle of data minimization and ensures that individuals can stop data processing activities and have their data removed from processing systems in accordance with legal requirements.

This right plays a key role in protecting individuals' privacy by giving them control over whether and how their data is retained or destroyed.

5. The Right to Withdraw Consent

According to Article 9, Personal Data Subjects have the right to withdraw any consent previously given to process their data at any time. If the data controller has been processing personal data based on consent, the individual can retract their agreement, thereby halting the processing of their data.

This right emphasizes the autonomy of individuals in controlling their data and serves as a safeguard against coercive or unrevoked consent.

6. The Right to Object to the Use of Personal Data

Personal Data Subjects can object to the use of their personal data, particularly when automated decision-making processes or profiling may lead to legal consequences. Article 10 outlines this right, specifying that individuals can challenge any automated decisions made about them, especially if such actions significantly impact their rights.

This right is essential for protecting individuals from discriminatory or unfair outcomes resulting from automated data processing.

7. The Right to Limit the Use of Personal Data

Personal Data Subjects can request to limit the processing of their personal data to specific purposes as detailed in the consent form or processing notice. According to Article 11, individuals can also suspend or restrict the processing of their data when necessary.

This right ensures that individuals can prevent their data from being used beyond the initially agreed purposes, helping to prevent unnecessary or excessive data usage.

8. The Right to Sue and Receive Compensation for Data Violations

Under Article 12, Personal Data Subjects have the right to take legal action if their data is processed unlawfully or if their rights under the PDP Law are violated. They can also seek compensation for both material and immaterial losses resulting from these violations. The procedure for claiming compensation is to be further regulated by Government Regulations.

This right acts as a deterrent for unlawful processing and ensures that individuals have a means of redress for any harm caused by violations of their data protection rights.

Since its enforcement on October 17, 2024, the Personal Data Protection (PDP) Law has significantly enhanced the protection of personal data in Indonesia. By granting eight fundamental rights to Personal Data Subjects, including transparency, consent, and control over their information, the law aligns with global data protection standards and reinforces individual privacy rights. This legal framework is a crucial step towards strengthening data security and privacy across the country.

For businesses, compliance with the PDP Law is essential to avoid severe penalties, including substantial fines, administrative sanctions, and legal actions. It is now imperative for organizations to prioritize robust data protection measures, not only to mitigate legal risks but also to build trust with customers and enhance their reputation. By aligning with the law’s principles, businesses can ensure long-term legal compliance and contribute to the broader effort of safeguarding personal data in the digital age.

In conclusion, the PDP Law marks a significant milestone in Indonesia’s data protection landscape, providing stronger safeguards for individuals’ personal data while fostering a culture of accountability in data processing. This law sets the stage for a future where both privacy and business interests can coexist responsibly.