Personal Data Protection for Upholding the Right to Privacy in Indonesia, South Korea, and India

Abstract

Data protection is a crucial legal issue as it pertains to constitutional rights and the necessity of situating this regime within the context of the right to privacy. Its relevance becomes particularly interesting to observe alongside global developments and the proliferation of digital information. This article discusses and describes the legal framework for data protection in Indonesia, which is significant to examine given the impending enactment of Law No. 27 of 2022. This article is based on doctrinal legal research that relies on primary and secondary legal materials, employing conceptual, legislative, and comparative law approaches.  The experiences of South Korea and India serve as primary references for legal comparison. The research findings indicate a common legal motivation and a desire to integrate regimes influenced by global standards, as well as positioning data protection within the context of privacy rights as a further interpretation of constitutional provisions.  For Indonesia, similar to India, there are challenges in further exploring the establishment of a supervisory body or authority related to data protection.