Indonesia’s Data Governance: Embracing Opportunity in Global Data Transfers
In a pivotal moment for Indonesia’s digital landscape, the recent statement from the White House concerning the transfer of personal data to the United States has catalyzed discussions around the future of the country’s data governance framework. Cybersecurity expert Pratama Persadha from the Communication and Information System Security Research Center (CISSReC) views this development not as a threat, but as a strategic opportunity for strengthening Indonesia’s sovereignty over its data systems.
A Strategic Opportunity for Sovereign Data Governance
Pratama emphasizes that the current climate presents Indonesia with a chance to enhance its national data governance, making it modern, responsive, and aligned with global challenges. He argues that rather than resisting global data flows, Indonesia should leverage this moment to assert its digital sovereignty, which allows the state to regulate the personal data of its citizens based on national laws.
The Role of the Personal Data Protection Law
At the heart of this endeavor is Law Number 27 of 2022, known as the Personal Data Protection (PDP) Law. This legislation lays the groundwork for cross-border data transfers under specific conditions, ensuring that data is only transferred to countries with adequate personal data protection standards or based on binding international agreements. Pratama highlights the urgency of implementing the Personal Data Protection Supervisory Agency (LPPDP) and issuing accompanying governmental regulations rooted in the PDP Law.
Without such measures, he warns, commitments to protecting citizens’ digital rights could remain merely theoretical.
Addressing Risks in Data Transfers
While the potential for enhanced data governance is promising, Pratama also raises concerns about the risks associated with transferring data to nations like the United States, where comprehensive federal data protection laws are lacking. He notes that this could lead to unauthorized access by foreign tech companies or intelligence agencies, putting individual privacy at risk.
To mitigate these risks, he advocates for establishing clear standards to evaluate the data protection regimes of recipient countries, alongside potential bilateral agreements that safeguard Indonesian citizens’ digital rights during overseas data processing.
Establishing Normative Leadership in Global Governance
Pratama urges Indonesia to assume a normative leadership role, shaping global data governance trends rather than simply following them. He stresses the importance of maintaining a digital non-alignment position, particularly amidst escalating technological rivalries between the United States and China. This stance presents Indonesia as a stabilizing force within the Association of Southeast Asian Nations (ASEAN) and elevates its influence in global dialogues, such as the G20 and the United Nations Internet Governance Forum (UN IGF).
Data Governance Beyond Privacy Risks
Moreover, the challenge of data governance extends beyond safeguarding privacy. Personal data has become a critical resource for artificial intelligence systems and digital algorithms. Pratama warns that if Indonesia fails to effectively manage this resource, it risks having its valuable data treated as merely a commodity, extracted and processed by foreign entities and sold back to the nation.
To counter this, he underscores the necessity of bolstering national digital infrastructure, investing in local research, and fostering homegrown digital expertise. This approach ensures that Indonesia builds a robust data governance framework that is both sustainable and beneficial to its citizens.
A Call to Action
Pratama concludes that data transfer agreements should not be perceived as endpoints but rather as starting points for an ongoing national initiative to cultivate a comprehensive data governance framework. He calls upon Indonesia to actively shape a fair and inclusive global data architecture, setting a precedent for other nations to follow.
In navigating the complexities of global data governance, Indonesia has the opportunity to enact meaningful change that prioritizes the protection of its citizens’ digital rights while positioning itself as a leader in the global digital landscape.