Indonesia Personal Data Protection Law and Consent Requirements

Indonesia’s Personal Data Protection Law (PDPL) applies to persons, public bodies and international organizations that process personal data within the jurisdiction of Indonesia. It also applies to organizations outside of Indonesia if the processing concerns Indonesian citizens outside of Indonesia or if the processing has legal consequences in Indonesia.

Under the PDPL, the data subject’s consent is one of the lawful bases for the processing of personal data. When consent is relied upon as a lawful basis of personal data processing, it must be obtained explicitly. The PDPL provides certain requirements for using consent as a lawful basis of personal data processing.

• The data subject’s consent must be specific to one or more purposes communicated to the data subject by the data controller.
• While obtaining consent from the data subject, the data controller is required to provide the following information to the data subject:
  • legality of the processing of personal data;
  • purposes of the processing of personal data;
  • the type and relevance of personal data to be processed;
  • the data retention period of documents containing personal data, as well as the period of data processing;
  • details regarding personal data to be collected; and
  • the information on the data subject’s rights.

Before any change in any of the above circumstances, the data controller must notify the data subject and obtain the data subject’s consent again.

• Any request for obtaining consent must be made in a format that is understandable by the data subject and easily accessible using simple and clear language.
• In the event there is a change in the purposes or circumstances of data processing, the data controller must inform the data subject prior to such change.
• Consent must be obtained in writing and recorded. However, it can be obtained via both electronic and non-electronic ways.
• Consent must not be made part of the terms and conditions for it to be considered valid consent.
• In the case of processing of personal data belonging to children, consent must be obtained from parental authorities (the child’s parents or guardians). As per the Law No. 35 of 2014, a child is an individual younger than 18 years.
• In the case of processing of personal data belonging to persons with disabilities, consent must be obtained from such persons and/or their guardians. The manner in which consent must be obtained for data belonging to persons with disabilities will be specified in additional regulations by the regulatory authority.
• The data subject has the right to withdraw the consent granted to the data controller for the processing of their personal data.
• The data controller must stop the data processing in the event consent is withdrawn by the data subject within no later than 3 days from the day the controller has received the request of withdrawal. In addition, the controller must delete the personal data in the event of the data subject withdrawing consent.
• The data controller must be able to demonstrate compliance with consent requirements. In this regard, the data controller must be able to show proof of the consent provided by the data subject.
• The data controller must obtain the consent of the data subject prior to transferring their personal data to data controllers or data processors outside the jurisdiction of the Republic of Indonesia, if the country of domicile of the recipient data controller or data processor does not enjoy personal data protection at a level equivalent to or higher than that stipulated in the PDPL, or in the absence of any adequate and binding data protection in the foreign country.

How Can Securiti Help?

Securiti’s Consent Management Solution helps you comply with Indonesian requirements on consent with the help of the following features:

• The implementation of an opt-in cookie consent banner with equally prominent accept and reject options;
• Consent preference centers allowing granular consent opt-ins and opt-outs and honoring immediate consent revocations; and
• Adequate and updated consent records, including individual consent records, the content the data subject has consented to, consent status (granted, declined, or withdrawn), and timestamps of consent status.

Ask for a DEMO today to understand how Securiti can help you comply with global data privacy laws.