- 04/05/2020
- Categories: Commentaries, Press Release
Yogyakarta, May 2nd, 2020 – As nowadays most people cannot be separated from social media and online platform, the debate regarding the privacy and security of our data has become one of the most prominent issue. To discuss further about the Data Privacy Concepts & Regulations, Center for Digital Society (CfDS) together with Goethe-Institut Indonesien, ELSAM and ICT Watch are conducting the second panel discussion of Digitalk #39. The discussion is broadcasted live via YouTube on Saturday (02/05) and it was moderated by Blandina Lintang, with four experts in data privacy coming from several countries and different background. The panelists are Tony Seno Hartono (Indonesia), Wahyudi Djafar (Indonesia), Ingo Dachwitz (Germany) and Sutawan Chanprasert (Thailand).
The Concept of Privacy
Generally, privacy is a concept of basic space where everyone can do anything without being observed or supervised. There are differences around the conception of privacy across culture and society, including the notion of ‘privacy is not a part of Asian Culture’. According to Sutawan, that notion is irrelevant and privacy needs to held in high regard even in the most democratic countries. Wahyudi also argued that cultures in Indonesia has their own conception of privacy compared to Western society, where in Indonesia the concept of traditional privacy is more prevalent than the modern ones in the Western Society. Combining these two concepts could be the key to formulate the comprehensive policy, but also challenging at the same time. According to Tony, most Indonesians, especially the older generation, don’t exactly understand about the concept of privacy and why is it important. The initial problem of establishing comprehensive data regulation lies in educating the society about the importance of keeping the privacy in this digital era. Lastly, Ingo explains about the brief explanation and the beginning of General Data Protection Regulation (GDPR) regime in the European Union. Discussion continued talking about the difference of data protection approaches in various countries, and the importance of the establishment of Independent Supervisory Authority to oversight the regulation.
Data Sovereignty & Data Localization
According to Tony, the concept of data sovereignty is that digital information is the subject to the laws of the country which the data is located (in a physical term). The definition of this data sovereignty itself needs to be changed adapting to the recent situation when the sovereignty in digital term is cross-border and not limited in one jurisdiction. Then the term of data localization refers to the set of data that are stored and reside within the country. The data localization will also bring a positive impact towards the government, because the government can protect and trace the data faster and easier. But then Tony also stated that data localization doesn’t really enhance data protection, because there are other factors that are contributing to the effectiveness of data protection. Those factors including the data residency, how the privacy of data is protected, and data security. Aside from that, the other underlying factors are independency, law enforcement, competent authority and clear mechanism in upholding data privacy regulation.
The Digital Literacy and the Awareness of Digital Data Security
Discussing about this topic, Sutawan said that the digital literacy level in South East Asia is still very low. The cooperation between the stakeholders and the government are fundamental to increase the digital literacy among the society. One of the main issue regarding the digital literacy is the awareness of data security. In adressing this problem, Sutawan pointed out the importance of encouraging people to “keep the privacy private”. In order to do this, people need to be aware of the use of their daily application and realize the business model and data-processing mechanism behind those apps who collected users’ data. Wahyudi then offered the means to increase the digital literacy by working together in systematic approach with every parties related. He quoted, “It’s not just about how to use your smartphone or laptop, but it’s also about redefining the basic meaning of digital literacy”. Furthermore, the awareness of accepting and sharing factual information will also have a direct impact on reducing the hoax/misleading information.
Data Privacy and COVID-19
During this pandemic, data privacy and how the government will use the data become one of the most debatable topics. Wahyudi mentioned 3 privacy issues during this time, including the issue of data usage of COVID-19 patients, the use of application by the government to track the spread of COVID-19, and the issue of telecommunication data. In order to maximize the adoption of the technology safer and more effective, the Indonesian Medical Council already issued the regulation of telemedicine and teleconsultation, as quoted from Tony. Lastly, Ingo stated that the data protection impact assessment and specific law during this pandemic is required. These mechanisms could lead to a better privacy regulation in order to enforce the trust among the citizens.
Writer: Aldo Rafi
Editor: Raka Wicaksono
