Results of the Kominfo and Whatsapp Meetings Discuss the New User Data Policy
Results of the Kominfo and Whatsapp Meetings Discuss the New User Data Policy – The Ministry of Communication and Informatics (Kominfo) summoned representatives of WhatsApp and Facebook for the Asia Pacific region on Monday (11/1/2021). During the meeting, one of the points discussed was the issue of WhatsApp's new rules regarding user data.
WhatsApp itself recently began giving notifications to users of its platform regarding improvements to the Terms of Service and Privacy Regulations.
In the new provisions, users are "requested" to give full rights to provide some user data which will then be processed by WhatsApp.
In that face-to-face meeting, Minister of Communication and Informatics Johnny Plate asked WhatsApp to be open regarding this new regulation that is currently in effect.
Johnny asked WhatsApp to explain what types of personal data were collected, processed by WhatsApp, and shared with 3rd parties.
WhatsApp must also provide information to citizens depending on the direction and basis of the processing of personal data that is being carried out.
"The process that exists for users to exercise their rights, including the right to withdraw agreements and other rights is borne by the provisions of the legislation that is in force," said Johnny.
In addition to asking WhatsApp to be open in dealing with users' personal data, Johnny made it clear that the platform is more compliant with laws governing the protection of personal data in Indonesia.
Kominfo advises WhatsApp to provide a personal data processing agreement form in Indonesian. He prioritized WhatsApp to register the electronic mechanism, and guarantee the fulfillment of the rights of personal data owners.
Below is the complete result of the face-to-face meeting between the Ministry of Communication and Informatics and WhatsApp regarding the new provisions:
In this regard, it is said that the Ministry of Communication and Information has held discussions with representatives of the WhatsApp/Facebook Asia Pacific Region on Monday, 11 January 2021.
As a follow-up to the face-to-face meeting, the Ministry of Communication and Informatics prioritizes WhatsApp and several related parties to do the following:
- Types of personal data collected and processed by Whatsapp and shared with third parties;
- Purpose and basis of interest of processing personal data;
- Guarantee of accountability of parties using personal data;
- Mechanisms available for users to exercise their rights, including the right to withdraw consent and other rights, which are guaranteed by the applicable laws and regulations; And
- Other matters of public concern.
- Improving compliance with legal provisions and laws and regulations governing the protection of personal data in Indonesia, including:
- Carry out the processing of personal data in accordance with the applicable principles;
- Provide consent forms for processing personal data in Indonesian;
- Perform electronic system registration;
- Ensure the fulfillment of the rights of owners of personal data; And
- Obligations based on other provisions as stipulated in the applicable laws and regulations.
Apart from relating to WhatsApp's new provisions, this summons is related to the Personal Data Protection Bill (RUU PDP). Johnny explained that currently the Ministry of Communication and Informatics has decided on a Government Working Committee and will immediately continue the review of the PDP Bill with Commission I of the DPR RI.
According to Johnny, one of the special concepts in the PDP Bill is the use of personal data which needs to go through the consent of the data owner. "This is in line with regulations in several countries including the European Union's GDPR or the essence of the Indonesian PDP Bill," said Johnny.
Currently there are regulations as a legal umbrella for the administration of electronic information, transactions and data governance such as the ITE Law, PP 71 of 2019, and Permenkominfo Number 5 of 2020.
However, the review of some of these things will be strengthened and reviewed in detail in the PDP Bill.
"Residents need to be wiser in determining and choosing social media that can provide personal data protection and privacy, so that they are free from unwanted use of personal data, whether in the form of irregularities or not in accordance with the provisions," continued Johnny.
He hopes that now the review of the PDP Bill can be completed as soon as possible and can be enacted into law in early 2021. ”
Now the PDP Law is important as a special legal umbrella for the protection of citizens' personal data," said Johnny.
Source : kompas.com