Services » Personal Data Protection

Personal Data Protection

Written by Samuel S. K. on 12/09/2024
The author’s views are entirely their own and may not always reflect the views of Putranto Alliance.

Introduction

Personal data protection is crucial and mandatory in certain business sectors. In Europe, it is governed by Regulation (EU) 2016/679 (GDPR), while in Indonesia, it is regulated under Law No. 27 of 2022 (PDP Law). Personal data protection services ensure compliance with these regulations through data privacy assessments, compliance consulting, and risk management strategies, helping organizations meet standards for data privacy, enhance security, and gain a competitive edge.

Definition

Personal data protection encompasses all efforts to safeguard personal data throughout the processing cycle to ensure the constitutional rights of the personal data subject. These services enable organizations to identify, assess, and mitigate risks associated with data handling and processing, thereby enhancing their overall security system.

These services ensure compliance with relevant data protection laws and standards, such as Law No. 27 Year 2022 concerning Personal Data Protection (PDP Law) and ISO 27701 Privacy Information Management System (PIMS).

Essential Elements

Personal Data/Personally Identifiable Information (PII):
Personal Data/Personally Identifiable Information (PII) refers to information about an individual who is identified or can be identified on its own or in combination with other information, either directly or indirectly, through electronic or non-electronic systems.
Personal Data Subject
A Personal Data Subject is an individual to whom the Personal Data refers.
Personal Data Controller
A Personal Data Controller is any individual, public body, or international organization that independently or collaboratively determines the purposes and controls the processing of Personal Data.
Personal Data Processor
A Personal Data Processor is any individual, public body, or international organization that independently or collaboratively processes Personal Data on behalf of a Personal Data Controller.
Data Protection Officer
A Data Protection Officer (DPO) is a personnel appointed by the Personal Data Controller and Personal Data Processor to be responsible for the function of Personal Data Protection in the following cases:
1. Processing of Personal Data for public service purposes.
2. Core activities of the Personal Data Controller involve the regular and systematic monitoring of Personal Data on a large scale.
3. Core activities of the Personal Data Controller consist of large-scale processing of Personal Data of a specific nature and/or Personal Data related to criminal offenses.

Roles and Responsibilities

The responsibilities of a Personal Data Controller include:

Data Collection and Processing: Deciding the collected data, collection methods, and the purposes for processing based on the consent of the data subject.
Compliance: Ensuring data processing activities comply with applicable data protection laws and regulations.
Data Subject Rights: Facilitating data subject rights, such as access, update or correction, and data erasure.
Security Measures: Implementing appropriate technical and organizational measures to protect PII from unauthorized access, loss, or damage.
Data Breach Response: Establishing procedures for responding to data breaches, including notifying affected individuals and relevant authorities.

The responsibilities of a Personal Data processor include:

Processing Instructions: Processing Personal Data only according to the instructions provided by the PII controller.
Security Measures: Implementing appropriate security measures to protect Personal Data during processing.
Sub-Processing: Obtaining prior authorization from the Personal Data Controller before engaging sub-processors to handle Personal Data.
Data Breach Notification: Promptly notify the Personal Data Controller of any data breaches involving Personal Data.
Record Keeping: Maintaining records of processing activities to demonstrate compliance with data protection obligations

The Importance

Personal Data Protection applies to any individual, public body, and international organization engaging in legal actions:

Within the jurisdiction of the Republic of Indonesia
Outside the jurisdiction of the Republic of Indonesia, where such actions have legal consequences:
1. Within the jurisdiction of the Republic of Indonesia; and/or
2. For Indonesian citizens’ Personal Data Subjects outside the jurisdiction of the Republic of Indonesia

Adhering to Personal Data Protection policies offers several key benefits:

Competitive Advantage: Attracts privacy-conscious customers and partners by prioritizing data protection.
Secure Transaction: Builds trust and confidence for clients when transacting with business entities that implement personal data protection.
Risk Mitigation: Prevents data breaches and unauthorized access by addressing potential vulnerabilities.
Enhanced Security: Ensures secure operations through best practices in data management

Best Time to Engage in Personal Data Protection Services

Before Implementing New Technologies
Ensure privacy is integrated before adopting new technologies or systems.
During Organizational Changes
Reassess data protection during mergers, acquisitions, or restructuring to address new risks.
In Response to Regulatory Changes and Compliance
Ensure the company complies with the latest laws and regulations in Personal Data Protection.
Following a Security Incident
Engage experts after a security incident to identify vulnerabilities and prevent future breaches.
Risk Management Process
Regular engagement with data privacy services helps sustain a strong data protection framework against evolving threats

Benefits of Using Professional Services in Personal Data Protection

Enhanced Security
Strengthens company defenses against data breaches and unauthorized access.
Specialized Expertise
Provides customized solutions aligned with industry standards and legal requirements.
Risk Minimization
Facilitates quick detection and resolution of Personal Data threats.
Better Compliance
Guarantees alignment with all applicable laws and regulations

How to Prepare for Personal Data Protection Compliance

Planning
1. Introduction
  Prepare training materials and raise awareness among executive management and all staff.
2. Initial Assessment
  Review current data privacy practices, define the organization’s role, advise on DPO appointment, identify relevant data, and records of processing activities (ROPA).
Assessment and Implementation
1. Risk Analysis
  Identify data handling and processing risks, focusing on data types, storage, access controls, and improvements.
2. Strategy Development
  Create a strategy aligned with regulations, detailing actions and timelines, including policy procedure and ROPA.
3. Staff Training
  Educate employees on their responsibilities in maintaining data privacy.
4. Implementation
  Apply the strategy by implementing data protection policies, procedures, and technologies.
Post-Implementation
1. Monitoring and Reporting
  Regularly monitor current practices and report any incidents that occur to DPO and relevant authorities.
2. Review
  Evaluate the effectiveness of current measures and make necessary adjustments.

How We Can Help

Data Privacy Assessments
Conduct assessments to identify potential vulnerabilities and areas for improvement in your data privacy practices.
Risk Management Strategies
Develop and implement tailored risk management strategies to address potential data privacy threats.
Personal Data Management System
Develop and implement a tailored internal system for managing Personal Data Protection and responding to incidents.
Audit Preparation
Assisting Personal Data Protection audits, ensuring all necessary documentation, policies, and procedures are in place to achieve compliance.
Training and Awareness Programs
Provide customized training sessions and resources to train employees on data privacy best practices and their roles and responsibilities in maintaining Personal Data Protection.

FAQs

How often should my organization conduct data privacy assessments?

It is recommended that data privacy assessments be conducted at least annually or whenever significant changes occur within the organization, such as adopting new technologies, undergoing mergers, or responding to regulatory updates

What are the potential consequences of non-compliance with data protection laws?

Non-compliance can result in fines, criminal charges, and imprisonment.

Corporations can be imposed on directors, commissioners, controllers, commanders, beneficial owners, or the corporation itself. Penalties include fines up to ten times the maximum amount, asset forfeiture, business suspension, operational restrictions, closure, compensation, license revocation, or dissolution.

Individuals may result in fines of up to IDR 6 billion and/or imprisonment of up to 6 years

How can Personal Data Protection services improve my organization's operational efficiency?

These services can reduce the complexity and cost of managing data by streamlining data privacy processes and implementing best practices. This allows your organization to allocate resources more effectively and focus on core business activities.

What should I look for when choosing a Personal Data Protection service provider?

When selecting a provider, consider their expertise in data privacy regulations, experience with similar organizations, range of services offered, and ability to provide tailored solutions that meet your needs.

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