Indonesia: Issued ruling on constitutionality of Art.15(1)(a) of Personal Data Protection Law (Case No. 110/PUU-XX/2022)

Description

Issued ruling on constitutionality of Art.15(1)(a) of Personal Data Protection Law (Case No. 110/PUU-XX/2022)

On 14 April 2023, the Constitutional Court of Indonesia ruled, in Case No. 110/PUU-XX/2022, that Article 15(1)(a) of the Personal Data Protection Law does not contradict the Constitution of Indonesia. The plaintiff had requested a judicial review of the Article, which allows the limitation of data subject rights in relation to national security and defence matters, arguing that there was a lack of legal certainty regarding the circumstances in which such a limitation was legitimate. The Court rejected this argument, clarifying that limitations under Article 15(1)(a) must be in accordance with specific existing national security or defence laws.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Data protection regulation
Regulated Economic Activity
cross-cutting
Implementation Level
national
Government Branch
judiciary
Government Body
supreme court

Complete timeline of this policy change

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2022-11-07
under deliberation

On 7 November 2022, Case No. 110/PUU-XX/2022 was submitted to the Constitutional Court of Indonesia…

2023-04-14
in force

On 14 April 2023, the Constitutional Court of Indonesia ruled, in Case No. 110/PUU-XX/2022, that Ar…

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