Legal Protection for Personal Data of Consumers in the Big Data Era Related to Data Breach Activities Based On the Law Concerning Electronic Information and Transaction in Indonesia

Abstract

Personal data in the big data era is different from traditional data; such data are specifically based on transactions that are documented, classified, and stored with computer technology. Personal data are inputted into the big data technology system to explain in detail the personality of each individual. This causes concern on the part of the owners of the stored personal data in big data system regarding data breach activities. Data breach is very detrimental to the owners of personal data and the corporate bodies that is responsible for the personal data. The purposes of this study are to formulate the most appropriate steps for legal protection of individuals’ personal data against data breach practices and determine the legal liability for data breach by a company that fails to protect the personal data of its customers. The method used is the normative juridical approach. The results of this study indicate that the legal protection of personal data is still insufficiently emphasized by the government to administrators of electronic systems in relation to improving the infrastructure of the company's security system given that the development of big data is rapid. Also, measures to combat data breach has not been implemented properly, as the process is long and involves complaint to the minister before being able to file a civil suit, notwithstanding the fact that personal data is highly sensitivity.