The enactment of the Personal Data Protection Law (UU PDP) requires companies to take strict steps to protect personal data and impose criminal sanctions for violations. Companies need to be proactive in ensuring compliance and reducing legal risks.
Here are three important steps companies can take to anticipate criminal sanctions under the PDP Law:
Understand the basics of data processing
The foundation for compliance with the PDP Law begins with a deep understanding of the principles of data processing. Data processing includes every operation carried out on personal data, including collection, storage, use, and disclosure. According to Satriyo Wibowo, a privacy protection expert and CoChair of the International Association of Privacy Professional Indonesia Chapter, this understanding is very important because it determines whether data handling practices comply with legal requirements.
Companies must review and document their data processing activities to identify potential risks and ensure compliance with the principles of lawful processing. This involves assessing the legality, necessity, and reasonableness of data collection, as well as implementing measures to protect data security and prevent unauthorized access.
Understanding the concept of controller, joint controller, and processor of personal data
Under the PDP Act, entities involved in the processing of personal data are categorized as controllers, joint controllers, or processors. All three have different responsibilities. The controller’s responsibility is to determine the purpose and manner of data processing. Meanwhile, the processor handles data on behalf of the controller. Meanwhile, joint controllers share responsibility for the data processing activities carried out jointly.
Companies must clearly define their roles as it is critical for compliance. Companies must ensure their roles in each data processing activity to ensure accountability and compliance with legal requirements. This includes entering into agreements between the parties involved in joint processing and maintaining records of processing activities as mandated by law.
Appointing an officer to carry out personal data protection functions
Companies must appoint a dedicated Data Protection Officer (DPO). This officer plays a key role in overseeing compliance with the PDP Act. He/she acts as the point of contact for Data Subjects and Regulatory Authorities. The DPO’s responsibilities include monitoring data processing activities, conducting risk assessments, and advising on compliance measures.
Appointing a qualified DPO demonstrates a commitment to data protection and facilitates effective management of compliance obligations. The DPO ensures that data protection policies and procedures are integrated into business operations, and that staff are trained to handle personal data in accordance with legal requirements.
As the PDP Law comes into effect in October 2024, businesses should prioritize these steps to avoid criminal sanctions and protect individuals’ privacy rights. By integrating the above three things into their operational framework, businesses can comply with the PDP Law and maintain a competitive edge in a data-driven economy.
Hypernet offers strong data encryption, secure storage solutions, and strict access controls, which are in line with the PDP Law’s requirements for data protection. Hypernet also offers comprehensive auditing and monitoring features to enable continuous compliance assessment and identification of potential vulnerabilities. By integrating Hypernet’s advanced security protocols into their systems, businesses can protect personal data, prevent unauthorized access, and demonstrate proactive compliance with legal standards. These steps reduce the likelihood of businesses facing criminal sanctions under the PDP Law.
