MK rejects 2 judicial reviews of the Personal Data Protection Act

MK rejects 2 judicial reviews of the Personal Data Protection Act

To adjudicate, reject the Petitioner’s petition in its entirety

Jakarta (Reportase One) – The Constitutional Court rejected two lawsuits against Law Number 27 of 2022 concerning Protection of Personal Data, both requests to examine exempted data in the interest of national security and data protection for business activities carried out at home.

“On trial, rejecting the Petitioners’ petition in its entirety,” said Chief Justice of the Constitutional Court Anwar Usman when reading out the verdict, monitored from the YouTube channel of the Indonesian Constitutional Court, in Jakarta, Friday.

In the trial of Case Number 110/PUU-XX/2022, the Petitioner questioned the excluded data for the benefit of national security. For the Petitioner, this has the potential to cause data misuse on the grounds of national security interests.

In this case, Constitutional Justice Suhartoyo stated that the Constitutional Court considered that the exception, which was contained in Article 15 paragraph (1) letter a of Law 27/2022, was in line with the principle of the public interest.

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“Where the processing of personal data by the state is only used to protect the public interest and the wider community, in accordance with statutory regulations,” said Suhartoyo.

Apart from that, he continued, the most important thing is that a quo restrictions or exceptions are possible as long as they are balanced with guarantees of recognition and respect for the rights and freedoms of others.

“As well as in an effort to meet just demands in accordance with moral considerations, religious values, security and public order in a democratic society,” said Suhartoyo.

On the other hand, in the trial case Number 108/PUU-XX/2022, the Petitioner questioned the absence of regulations regarding the protection of personal data in business activities carried out at home. In fact, rampant e-commerce enabling a variety of businesses to take place at home.

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In this regard, the Constitutional Court considers that Article 2 paragraph (2) of Law 27/2022 does not result in personal data in business activities conducted at home not being protected.

For the Constitutional Court, the existence of these norms actually provides protection for activities that are only carried out within the personal or family sphere or in other words are private domains.

Herald: Putu Indah Savitri
Editor: Chandra Hamdani Noor


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