INDONESIA Law and Practice Contributed by: Agus Ahadi Deradjat (Agung), Mahiswara Timur, Nina Cornelia Santoso and Natasya Nurul Amalia, ABNR Counsellors at Law
• appropriate safeguard – adequate and bind - ing personal data protection is in place – whilst the PDP Law is silent on what would constitute an appropriate safeguard, it is pos - sible that a contractual instrument or binding rules would be sufficient, subject to a future implementing regulation; and • consent from data subjects. Sharing of Specific Categories of Data The processing of specific categories of per - sonal data (including data pertaining to health, biometrics, genetics, criminal records, children, etc, as specified under the regulations) is subject to heightened requirements to carry out a data protection impact assessment. Requirements for Specific Industries The following industries are subject to sector- specific requirements with respect to the sharing of data. • Financial services: It is a requirement that potential consumers provide consent for data/information sharing as a prerequisite to using a financial institution’s products and/or services; and • Healthcare: Law No 17 of 2023 on Health generally protects the confidentiality of personal health data and information, unless waived at the patient’s request. Specifically, Minister of Health Regulation No 24 of 2022 on Medical Records allows the disclosure of medical records at the request of the patient. 5. Audiovisual Media Services 5.1 Requirements and Authorisation Procedures The regulatory frameworks applicable to audio- visual media services and video-sharing plat -
form services in Indonesia depend on whether they are broadcasting companies or internet- based video-sharing platforms. Broadcasting Companies Broadcasting companies are generally sub - ject to Law No 32 of 2022 on Broadcasting as amended by Law No 6 of 2023 on Ratification of Government Regulation in Lieu of Law No 2 of 2022 on Job Creation as a Law (the Broad - casting Law) and its implementing regulations. The Broadcasting Law applies to the activity of broadcasting through transmitting facilities with or without use of the radio frequency spectrum; this covers radio and television broadcasts and excludes over-the-top (OTT) streaming services. Prior to conducting broadcasting activities, broadcasting companies must obtain a broad - casting operation licence ( izin penyelenggaraan penyiaran ) from the MOCD. Aside from the Broadcasting Law, broadcasting companies must also comply with the content- related provisions under Law No 33 of 2009 on Film, as amended by Law No 11 of 2020 on Job Creation (eg, on censorship), as well as with the EIT Law (eg, on the distribution or transmission of prohibited electronic information/electronic documents). Internet-Based Video-Sharing Platforms The Constitutional Court has clearly established that internet-based video-sharing platforms are beyond the scope of the Broadcasting Law. Thus, business undertakings that provide vid - eo-sharing platform services are deemed ESOs under the supervision of the MOCD and hence are subject to the laws and regulations on elec - tronic systems. The providers of internet-based video-sharing platforms must comply with the obligations of an ESO, including the mandatory
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