INDONESIA TRENDS AND DEVELOPMENTS Contributed by: Agus Ahadi Deradjat (Agung), Mahiswara Timur, Nina Cornelia Santoso and Dhan Partap Kaur (Sonia), ABNR Counsellors at Law
supervision and personal data protection. The current Minister of Communications and Digital stated through a news publication that the Data Protection Authority is intended to be estab - lished as soon as possible. Development of the PDP Law implementation While there is no specific regulation on the use of AI at the moment, MOCD issued Circular Letter No 9 of 2023 on Ethics of Artificial Intelligence (“CL 9”) on 19 December 2023 in an attempt to provide general guidance for business undertak - ings when utilising AI-based programs. In summary, CL 9 contains the following salient items: in sectoral regulations Artificial intelligence (AI) • general definitions, general guidelines for val - ues, ethics, and control of consulting, analy - sis and programming activities with AI basis by business undertakings and electronic systems operators (ESOs); • emphasis that CL 9 is applicable for: (a) business undertakings operating under Indonesian Standard Business Classi - fication (KBLI, similar to ISIC) 62015 on AI-Based Programming Activities; • emphasis on ethical use of AI by adhering to the principles of inclusivity, humanity, safety, accessibility, transparency, credibility and accountability, personal data protection, sus - tainable development and environment, and protection of intellectual property. Additionally, the Financial Services Authority ( Otoritas Jasa Keuangan – OJK) has issued a Code of Ethics for Responsible and Trustworthy AI in the Financial Technology Industry which (b) ESOs in public scope; and (c) ESOs in private scope; and
applies to financial technology providers. The Code also stipulates principles of AI utilisation in the financial services industry, which includes beneficial, fair and accountable, transparent and explicable, and robust and secure principles. Healthcare Healthcare in Indonesia has rapidly adopted technologies, including AI, especially during the COVID-19 pandemic. While there is no specific regulation for data protection in the healthcare sector, healthcare providers are still subject to the provisions of the PDP Law. Minister of Health (MOH) Regulation No 24 of 2022 on Medical Records allows medical records to be stored digitally at healthcare facil - ities, including on servers and certified cloud computing. Healthcare facilities can collaborate with an ESO that has onshore data storage, pro - vided the ESO obtains a recommendation from the relevant MOH department. Financial services With over two-thirds of the global population now engaged in financial services, there is grow - ing concern over data security from both cus - tomers and regulators. In response, the OJK has issued Regulation No 22 of 2023 on Consumer and Public Pro - tection in the Financial Services Sector (POJK 22), which includes provisions on personal data protection. Many of the personal data protection provisions under POJK 22 align with those in the PDP Law, such as the following. • POJK 22 requires Financial Services Provid - ers (FSPs) to provide access to consumers to obtain a copy of their data and/or information. This is to comply with data subjects’ access rights under the PDP Law.
214 CHAMBERS.COM
Powered by FlippingBook