Indonesia: Issued ruling in case regarding constitutionality of Articles 1(4), 2(2) and 19 of the Personal Data Protection Law (No. 108/PUU-XX/2022)

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Issued ruling in case regarding constitutionality of Articles 1(4), 2(2) and 19 of the Personal Data Protection Law (No. 108/PUU-XX/2022)

On 14 April 2023, the Constitutional Court of Indonesia issued a ruling in Case No. 108/PUU-XX/2022 which involved a petition for judicial review of Articles 1(4), 2(2) and 19 of the Personal Data Protection Law. The articles in question contain the definition of data controllers, the exception for household and personal processing activities, and the types of controllers and processors, respectively. The applicant's contention was that these provisions could effectively exempt legal entities and small-scale e-commerce businesses from the Bill's data protection obligations. The Court dismissed the claim and clarified the scope of the respective provisions.

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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2022-10-28
under deliberation

On 28 October 2022, Case No. 108/PUU-XX/2022 was filed with the Constitutional Court of Indonesia, …

2023-04-14
under deliberation

On 14 April 2023, the Constitutional Court of Indonesia issued a ruling in Case No. 108/PUU-XX/2022…