The digital era is commonly known by the many uses of the Internet, which supports many people to do things efficiently, with just one hand. Many people use the Internet for various purposes, such as making friends on social media, doing work, shopping online, and other essential things. Based on data for 2020, it shows that internet users reach 4.5 billion people in the world. It indicates that more than 50 per cent of the world's population are internet users, including Indonesia, with 196.7 million internet users.
This era has significant impacts on many people. They can sell anything, loan online, or even learn online using platforms that are available and easy to download. They also take advantage of this era to look for income, such as being a content creator on Youtube, Instagram or Tiktok. Based on data, Indonesia has a significant record on Youtube because 600 Youtube channels have 1 million subscribers. Moreover, there are 600 new videos uploaded on Youtube in 1 minute.
Behind the positive impacts of this era, it has adverse effects, such as Identity theft and Identity leak of platform users. Identity theft, a new thing in the digital technology era, is a crime committed by people by taking other people's private data such as name, identification number (KTP), location data, physical, genetic, mental, economic, cultural data and other social identities.
Identity theft and Identity leak initially occur when someone registers on one of the platforms on the Internet. They provide their data so that the data can be stolen and can be leaked to the public. When the data is leaked to the public, a person's right to privacy, security and comfort will be disturbed and can even be misused for criminal purposes.
Some leaking cases of personal data that have occurred in Indonesia, such as one of the largest online shopping platforms in Indonesia, which has experienced consumer data leaks so that tens of millions of customer data has been leaked to the public. Platform users also frequently receive text messages offering credit and online loans from unknown numbers. These examples prove that the leakage of personal data in the digital era is very vulnerable to occur.
Indonesia has been regulating the protection of personal data in Electronic Information and Transactions Act No. 19 of 2016 (UU ITE), Government Regulation of Administration of Electronic Transactions and Systems No. 71 of 2019, and Regulation of the Minister of Communication and Information Technology of the Republic of Indonesia concerning Personal Data Protection in Electronic Systems No. 20 of 2016.
The Electronic Information and Transactions Act No. 19 of 2016 (UU ITE) does not contain specific regulations on personal data protection. However, in its provisions, there is Article 26 section (1) and the explanation of Law 19/2016, which reads:
Article 26 section (1) of Act No. 19 of 2016
Unless otherwise stipulated by laws and regulations, the use of any information via electronic media relating to a person's personal data must be made with the consent of that person.
Explanation of Article 26 section (1) of Act No. 19 of 2016:
In the use of Information Technology, personal data protection is one part of personal rights (privacy rights). Personal rights contain the following meaning: