Electronic Information Law Amended
The House of Representatives has passed a bill amending Law No. 11 of 2008 on Electronic Information and Transactions (“EIT Law”) in order to address issues that have developed in the electronic information sector over the past year.
The main amended provisions are as follows:
- Definition of Electronic Systems Provider;
- Use of electronic information and documents as evidence in court;
- Protection of privacy;
- Protection from illegal distribution and transmission of electronic information and documents;
- Law enforcement;
- The Government’s role; and
- Amended sanctions.
♦ Electronic Systems Provider Defined
An Electronic Systems Provider is an individual or entity, whether individually or jointly, that provides, manages and/or operates electronic systems for self-use and/or the interests of other parties. Previously, only Electronic Systems Organisation was defined.
♦ Law Enforcement
Electronic information and documents are increasingly being submitted as evidence in criminal and civil proceedings. The amendment strengthens this by clearly stipulating the admissibility of electronic information and documents as long as they are relevant.
Electronic information and documents obtained through interception or wire-tapping must have been gathered in the framework of law enforcement based on a request from the police or other authorized institution, in conformity with the prevailing laws on criminal procedure. Procedures for interception will be regulated under a law. The requirement to regulate interception and wire-tapping in a law was stipulated in Constitutional Court Decision No. 5/PUU-VIII/2010.
♦ Right to be Forgotten
The amendment introduces a new concept to the EIT sector in Indonesia, the Right to be Forgotten (the “RTBF”). The RTBF was first introduced in the European Union Regulation on General Data Protection (“EU Regulation”) to ensure that individuals reserve the right to request the removal of hearsay or irrelevant information about themselves that has been previously disclosed through the internet.
The EIT Law stipulates that private data cannot be used or distributed unless previously permitted by the respective person. Now, people can use a subpoena to request that Electronic Systems Providers erase certain private information and may claim for damages incurred due to its disclosure.
However, the amendment does not specify the types of personal information that may be requested to be erased. In light of this, certain parties, especially the media, have voiced concern over the enforceability of this concept and that it may be abused by other parties. The EU Regulation excluded media journalism as a subject for the RTBF concept. Further provisions on RTBF will be regulated in a Government Regulation. We are not aware whether that regulation will be integrated with the currently deliberated Bill on Data Privacy.
♦ Government to Take Action Against Prohibited Content
To prevent circulation and usage of electronic information and documents that contain content prohibited by law, the Government is able to cut access directly or order the Electronic Systems Provider to cut access to such content.
Any unauthorized party that intentionally distributes, transmits or provides access to electronic information or documents that contain gambling, indecency, blackmail, or threats will be subject to a maximum of 6 years’ imprisonment and maximum fine of Rp1 billion, while content containing defamation or slander is subject to a maximum of 4 years’ imprisonment and maximum fine of Rp750 million. Defamation and slander are considered complaint-based felonies.
Parties intentionally disseminating misleading information that results in losses for consumers or advocates hatred or hostility towards certain ethnic, religious, or racial groups are subject to 6 years’ imprisonment and fine of up to Rp1 billion. Any unauthorized party who transmits physical or psychological threats, material losses, or bullying is subject to 4 years’ imprisonment and maximum fine of Rp750 million.
November 3, 2016
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- November 3, 2016