UMM Law Lecturer Discusses BPJS Health Data Leakage

Author : Humas | Monday, June 07, 2021 16:20 WIB

Personal data protection is still weak in Indonesia (Photo: Illustration)

Personal data protection of Indonesian citizens (WNI) is still relatively weak. The series of data leaks that occurred in several large companies frequently. The latest case is the alleged data leak of 279 million Indonesian citizens in the Social Security Administering Agency (BPJS) database. This has become a polemic and concern for the community.

Asked about this, Shinta Ayu Purnamawati, SH, MH., a lecturer at the Faculty of Law, University of Muhammadiyah Malang (UMM) said that Indonesia does not yet have a law that protects consumer personal data. Currently, the Personal Data Protection Law is still in the form of a draft. "Even though this law is important, especially in the fast-paced information age like now," she said.

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According to her, the leakage of personal data that occurs is certainly detrimental to BPJS participants. This data can be misused by irresponsible parties. Shinta said that a lot of confidential information contained in BPJS data. Some of them are participant medical records, home addresses, NIK, and so on. "The data is certainly very risky to be used as a crime such as online loans, fraud, and even data exploitation," said Shinta.

In the absence of a special law that regulates the protection of personal data, it is difficult to apply criminal sanctions to those who leak consumer data. However, victims can still ask for compensation. Regarding punishment, this case can refer to the existing legal umbrella, namely the Consumer Protection Law, Health Law, Public Service Law, ITE Law, and the Criminal Code. So, there are several steps that can be taken to resolve the case.

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One of them is through civil and criminal lawsuits as well as administration. Shinta said that BPJS had been negligent in maintaining consumer information. This will be a loss for them. “The loss is not only moral but also material. These losses can be the basis for imposing sanctions. Especially if later, it is proven that the negligence has an element of intent. BPJS is very likely to be subject to multiple articles," explained Shinta.

Finally, Shinta suggested that Indonesian citizens be careful when providing personal data, especially on applications that are not clear. "In addition, it is hoped that people will not use the same password for various digital services in order to prevent data misuse," she concluded. (shi/wil)

Perlindungan data pribadi yang masih lemah di Indonesia (Foto: Ilustrasi)

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