Consumer Personal Data Research Articles

Legal Perspective on Consumer Personal Data Protection in Fintech Services

The development of science and technology has significantly affected the financial transaction system in Indonesia, especially with the emergence of the Fintech business model. The rapid growth of Fintech indicates the need for smart management in order to provide optimal benefits to society. However, the potential misuse of consumers' personal data poses a risk that needs to be considered. This research uses a normative juridical and analytical descriptive approach to understand the legal dynamics in the Fintech industry and legal measures aimed at Safeguarding user data security in Indonesia, in accordance with the provisions of Financial Services Authority Regulation Number 13/Pojk.02/2018. The results show that Fintech business organizers and users have a relationship that is regulated through an electronic agreement. The legal safeguarding of personal data for Fintech user is governed by Financial Services Authority Regulation Number 1/Pojk.07/2013 and other pertinent regulations, addressing aspects such as confidentiality, data security, and the governance and risk management of information technology.

The Importance of Protecting E-Commerce Consumer Personal Data

Technological advances offer various conveniences in human daily activities in order to meet their needs. One of the daily human activities that has changed due to the presence of technology is online buying and selling through e-commerce media. Shopping with e-commerce is people's choice because it saves time and costs. However, behind this convenience, attention needs to be paid to the security of consumer data on e-commerce platforms. This article will discuss the importance of protecting personal data from e-commerce consumers. This article was written using a normative type research method with a statutory approach and a conceptual approach. The legal materials used in this research are primary legal materials and secondary legal materials. The technique of collecting legal materials in this research uses literature studies (library research). The legal problem analysis technique used in this research is deductive analysis technique. The results of this research are that personal data security is very necessary in shopping activities in e-commerce, because it is related to consumer satisfaction. When consumers feel safe and are not wary of shopping on e-commerce, they will make shopping on e-commerce a priority compared to shopping conventionally.

Consumer Data Protection In Electronic Transaction Practices In E-Commerce

Online transactions provide huge benefits for buyers and sellers. For buyers, the convenience of shopping without having to go to a physical store is the main benefit. They can compare prices and products from various sellers, saving time and transportation costs. For sellers, online transactions open up wider market opportunities, increase product exposure, and increase sales and distribution efficiency. However, the risk of personal data leakage always lurks in online transactions. This issue is serious and can compromise consumers' privacy and information security. Data leaks can occur when personal information such as names, addresses, telephone numbers, emails, credit card details and other personal data falls into unauthorized hands. The research aims to explore the protection of consumers' personal data and examine the responsibility of marketplaces in dealing with data leaks. The author uses a normative juridical approach, which includes primary and secondary legal analysis, as well as descriptive analysis to summarize applicable regulations and legal theory related to practice. The results show that Indonesia has Law Number 27 of 2022 concerning Protection of Consumer Personal Data to protect personal data. Marketplaces that violate these rules may be subject to administrative sanctions in accordance with applicable regulations, while consumers have the right to file a lawsuit for marketplace negligence in accordance with Article 1366 of the Civil Code.

Legal Protection of Consumer Personal Data In Online Loan Transactions

The financial sector, especially through online loan applications, has seen new opportunities thanks to technological advances, especially in the field of communications. Although online loans are easy to use, they also present risks regarding personal data security and unsafe lending practices. Along with the popularity of online loans, crimes in the digital world, such as data theft and misuse of information, are increasing. Although vulnerable to detrimental lending practices, especially illegal loans that have not been registered with the Financial Services Authority (OJK), people with low incomes see online loans as an attractive option. The aim of this research is to study how the protection of consumer personal data in online loan transactions is protected by law, especially considering the phenomenon of violations and unprofitable lending practices. This research examines how Law no. 27 of 2022 concerning Personal Data Protection (UU PDP) protects personal data and how it impacts borrowers socially and psychologically. This research shows regulatory and practical innovation in dealing with the problem of personal data leakage which is detrimental to consumers when borrowing money via the internet. Through regulatory analysis and case studies, this research is expected to provide insight into how effective personal data protection is in online loan transactions. Therefore, this research helps build better regulations and efforts that protect customers in the ever-growing era of online lending.

REFORMULASI PENETRATION STRESS TEST SEBAGAI PERLINDUNGAN HUKUM DATA PRIBADI KONSUMEN DI ERA BISNIS DIGITAL

This research focus on consumer personal data protection as a part of invention from privacy right in digital era. The high number of consumer personal data utilization by electronic system operator not accompanied with decent penetration stress test (PST) regulation. The purpose of this research is to give solution to clear personal data protection problem through PST testing method. The method that used by this research is normative research through statutory approach and conceptual approach. The result from this research concludes that there are still many problematic PST regulation. The problem can be seen from personal data protection that shattered in 30 statutory from different sector with no one arrange PST comprehensively. This dispute culminates to emergence dissimilarity definition, overlapping authority between receiver of System Management Security Information certification annual report, and PST operator polemic. As the result, it causes rampant of personal data breach that inflict consumer by matter, along with specific data exploitation that lead to sluggish business and economic country. Therefore, PST testing reformulation is needed as prevention step to protect consumer personal data in digital business era.

Legal Implications of Consumer Personal Data Misuse by OJK Licensed Fintech Lending Operators

Legal Implications of Consumer Personal Data Misuse by OJK Licensed Fintech Lending Operators

Implementation of Consumer Personal Data Protection in Ecommerce from the Perspective of Law No. 27 of 2022

This research aims to analyze the implementation of the Personal Data Protection Law (PDP Law) No. 27 of 2022 in the e-commerce sector in Indonesia, with a focus on consumer data protection. The method used is normative juridical, focusing on analyzing relevant documents and regulations to outline the legal framework and its application in e-commerce practices. Sources of legal materials include laws and regulations, academic literature, and interviews with legal experts and e-commerce practitioners. The results show that e-commerce companies have made significant adjustments to comply with the PDP Law, including improved privacy policies and investments in data security technologies. However, challenges to the full implementation of the PDP Law remain, particularly regarding consumers' and companies' awareness and understanding of the rights and obligations stipulated in the PDP Law. While there has been an increase in consumer trust in e-commerce platforms, increasing consumer awareness and active participation in the protection of their data still requires further efforts. The implication of this study is that the PDP Law No. 27 of 2022 has provided a stronger and more comprehensive legal framework for consumer data protection in Indonesia's e-commerce sector. However, to maximize the effectiveness of this law, a concerted effort is needed between regulators, the e-commerce industry, and the wider public to improve education and awareness of personal data protection, as well as ongoing adjustments to data management practices by e-commerce companies.

The Right of the Consumer to Protect Personal Data and its Implementation

Relevance. The article discusses ways to protect the personal data of the consumer as their subject. It is noted that the risk of violation of the rights of this category of citizens has increased significantly in the era of digitalization. Legislative novelties proposed by the scientific community concerning the recognition of personal data as a personal non-property good are analyzed. Based on the generalization of judicial practice, approaches to assessing the illegality of processing, distribution or use of other people's personal data in decisions on claims for recognition of such actions as violating the provisions of civil legislation are shown. The purpose of the study is to supplement scientific knowledge about ways to protect consumer personal data and improve the quality of law enforcement practice when considering claims in cases of this category. Objectives: to analyze the practice of the Constitutional, Supreme Courts of the Russian Federation, courts of general jurisdiction in cases of consumer personal data protection and to identify problems related to the implementation of this right.Methodology. When writing the work, methods of analysis and synthesis, system-analytical, documentary and formal legal methods were used. The results of the study are theoretical and applied in nature and are aimed at finding optimal solutions for the effective implementation of the consumer's right to personal data protection. The issue of legislative recognition of a person's personal data as a personal intangible good is raised in order to ensure proper restoration of violated rights.The conclusions made in the article, as well as the proposals made, are aimed at continuing scientific developments on the stated topic, are of a debatable nature and allow for a uniform way to resolve problems arising in the implementation of the consumer's right to personal data protection. Conclusion and proposals are aimed at continuing scientific developments on the stated topic, are of a debatable nature and allow solving problems arising in the implementation of the consumer's right to personal data protection in a uniform way.

The Legal Protection of Personal Data in Fintech peer-to-peer (P2P) Lending Practices: Orientation and Formulation

<em>In the era of digital transformation, one prominent model of Fintech is Peer-to-Peer (P2P) lending, which offers alternative financing access through digital platforms. The protection of personal data in P2P lending becomes crucial as sensitive information such as financial and credit history is collected and processed by these platforms. Data protection regulations, like GDPR, play a vital role in maintaining the balance between Fintech innovation and individual privacy rights. This research aims to discuss the legal protection of personal data within the context of Peer-to-Peer (P2P) Lending in the realm of Financial Technology (Fintech) in Indonesia. The research methodology employed is normative law, using descriptive legal analysis. Data is gathered from various sources, including legal statutes, court decisions, legal literature, and government guidelines related to Fintech and personal data protection. Qualitative analysis is conducted to identify relevant legal provisions, explain their legal implications, and formulate improvement recommendations. The research findings reveal that personal data protection within Indonesian Fintech P2P Lending is governed by a range of regulations, including the Electronic Information and Transactions Law (UU ITE), the amended UU ITE, OJK regulations, and the Ministry of Communication and Informatics regulations. Moreover, the Omnibus Law on Job Creation provides a strong foundation for the protection of consumer personal data. Key principles in personal data protection encompass transparency, explicit consent, data security, limited data usage, fair and ethical business practices, individual rights over personal data, and data integration</em>

Thin privacy boundaries: proximity and accessibility of E-commerce privacy policy in young consumers of Indonesia

PurposePrivacy is a sensitive issue in business because it involves how a platform uses consumer personal data. In terms of consumer rights, personal information needs to be protected in the privacy policy (PP). This study describes several aspects of the PP that consumers need to pay attention to, especially points prone to misuse of personal information.Design/methodology/approachThis research used a taxonomy of consumer privacy concerns in e-commerce to reveal general and specific privacy concerns. The privacy calculus theory was also applied to explore consumer rationalization using (1) consumer knowledge about PP, (2) subjective perception, and (3) proximity to the PP features. Furthermore, the netnographic approach was used to combine the interrelation between technology and social construction. A sample of 378 young consumers in several major cities in Indonesia participated online and offline. Semi-structured interviews were also conducted to gain more in-depth comprehension.FindingsThe results showed that most young consumers have sufficient basic knowledge of the important points of PP. Furthermore, they tend not to read the PP because it is long and cumbersome, and therefore do not wish to expend much cognitive effort on it.Originality/valueThis study provides several results that can be utilized by policymakers or e-commerce companies to pay more attention to PPs for young groups. In addition, e-commerce companies can increase the knowledge of the privacy situation of Internet users in general.Peer reviewThe peer review history for this article is available at: https://publons.com/publon/10.1108/IJSE-11-2022-0740

Misuse of Consumer Personal Data Through Illegal Fintech Peer To Peer Lending

This research examines the misuse of consumer personal data through illegal Fintech Peer To Peer Lending. The aim of this research is to determine aspects related to Peer-to-peer lending Fintech Companies with a focus on the problem of misuse of consumer data. By providing an in-depth overview of forms of data misuse, as well as analyzing the legal responsibilities of illegal peer to peer lending fintech providers who are involved in misuse of consumer data. The research focus based on the background in this research is; 1) What are the forms of misuse of consumer data through illegal fintech peer to peer lending according to decision number; 438/Pid.Sus/2020/PN Jkt.Utr. 2) What is the legal responsibility of individuals managing illegal peer to peer lending fintech who misuse consumer personal data according to Decision Number; 438/Pid.Sus/2020/PN Jkt.Utr. This research uses a type of normative juridical research using qualitative methods and analytical descriptive approaches. So that the analysis can be carried out, the author first collects materials that are appropriate to the legal issue to be studied. The research results show that illegal fintech operators often misuse consumer data by involving third parties who do not have official certification, giving rise to intimidation, threats and defamation of consumers. In addition, the practice of requesting consumer consent to access personal data in violation of certain regulations was also exposed. The conclusion of this research confirms that this act can be subject to criminal sanctions as stated in the court decision. It is hoped that legal enforcement of this practice can be an effective step to protect consumer data and prevent abuse in the peer-to-peer lending fintech industry. Keywords: Misuse of personal data; illegal fintech peer-to-peer lending; positive law in Indonesia.

Restrictions on Cross-Border Trade in E-Commerce as a Form of Consumer Protection

Since the beginning of the third millennium era, the world of commerce has experienced a significant evolution with the emergence of e-commerce platforms. Bank Indonesia estimates that e-commerce transactions in 2022 will reach Rp489 trillion. Correspondingly, in Q3 2022, it was recorded that 62.6% of internet users over the age of 16 have used e-commerce platforms to purchase products and services online, increasing the potential for discrepancies between product descriptions and reality, as well as difficulties in returning products from abroad, resulting in financial losses and dissatisfaction for consumers. This research aims to investigate the effectiveness of cross-border trade restrictions in e-commerce as a consumer protection strategy in Indonesia. The normative juridical method is used in this research. The research found that restrictions on cross-border trade in e-commerce refer to various barriers and regulations applied by states to govern cross-border electronic commerce activities. These barriers include tariffs, taxes, quotas, product quality standards, certification, etiquette, as well as rules regarding consumer personal data and payment transactions. In addition, in the era of globalization, trading cross-border transactions has become routine, but carries legal and commercial risks for consumers transacting with entities outside their jurisdiction. Therefore, to respond to the escalation of cross-border trade in e-commerce platforms, Indonesia needs to emphasize data protection and security in digital transactions such as related to cryptographic techniques and privacy policies of e-commerce providers in order to provide certainty and legal protection in terms of protecting consumers.

Perlindungan Hukum Data Pribadi Konsumen Terhadap Pelaku Usaha Jasa Keuangan

Introduction: Financial services businesses use personal data in the form of consumer telephone numbers as information and communication to enable the distribution of data and information on financial products, in this case such as credit offers and/or service offers, quickly and directly with consumers or potential consumers.Purposes of the Research: (1.) To know and understand the legal protection of consumers regarding the personal data used. (2.) How is the application of the principle of rights in Consumer Personal Data Law to Financial Financing Service Business Actor.Methods of the Research: The author uses normative juridical law research which obtains data from literature studies in the form of laws, documents, books, magazines and other literature related to writing. Results of the Research: The application of the principle of the right to confidentiality, the right to security and the right to comfort in relation to the consumer's personal data, there are still errors or violations in implementing these principles by business actors or employees of the service business actors. The application in making offers by business actors is wrong, causing consumer discomfort. Which is the real purpose of the consumer protection law and the rules regarding consumer protection in the financial services sector issued by the OJK aimed at protecting consumer rights, one of which is the right to comfort. In SEOJK 12/2014, it is clear that financial services business actors are prohibited from contacting consumers to promote or offer a product through personal communication without any request and approval from consumers.

Resolution of Consumer Personal Data Protection Efforts during Online Buying and Selling Transactions

The purpose of this study is to discuss resolutions regarding the protection of consumers' personal data when buying and selling online. The research method used in this research is data collection through library research, collected through literature research, namely by studying the provisions of the law regarding online/e-commerce transactions and other laws and regulations that are relevant to the research material. The results of the study show that in general Indonesia has legal regulations governing privacy policy in E-Commerce, which are contained in Law Number 11 of 2008 concerning Electronic Information and Transactions (UU Nomor 18 Tahun 2008 tentang ITE) and Government Regulation Number 28 of 2012 concerning Implementation of Electronic Systems and Transactions (PP Nomor 28 Tahun 2012 tentang PSTE). This is intended so that consumers avoid or can prevent fraud by irresponsible persons.

Legal Protection Against Leakage of Traveloka Consumer Personal Data by the Company

The number of incidents of misuse of personal data for loan applications on the Paylater e-commerce platform is currently caused by the lack of a strict security system in digital companies in Indonesia. Currently, data leakage problems befall Traveloka consumers. Although some of them don't use the pay later feature in the app, they still find it difficult to get approval from banks due to having poor credit scores. This study aims to analyze legal protection efforts provided against misuse of consumer data on the Traveloka PayLater feature. The author uses normative legal research methods with a statutory approach and a conceptual approach analyzed through legal materials. Based on the results of the research, Traveloka as a service provider acts as a collector and manager of consumer data which is obliged to protect the data collected from the beginning until data deletion. Legal protection for consumers can be done both through internal legal protection and external legal protection, Internal legal protection can be done by considering the agreement between consumers and Traveloka companies and it is found that there is an exoneration clause in the agreement so that the agreement can be canceled. Meanwhile, external legal protection can be provided by sanctioning Traveloka as the collector and processor of consumer personal data following the provisions in Law Number 27 of 2022 concerning Personal Data Protection.

TRANSFORMATIVE JUSTICE, PROTECTION OF CONSUMER PERSONAL DATA IN ONLINE LOAN BUSINESS IN INDONESIA

Lately there have been many online loan cases that have had various impacts, starting from problematic billing times to misuse of customer personal data. Online loan application services, many people have complained about problems regarding the distribution of personal data carried out by online loan providers without notification and without permission from the owner. Legal protection and sanctions for violations of personal data have been regulated in UURI No. 27 of 2022 and its amendments concerning Electronic Information and Transactions. Of course there are several indicators that can cause conflict in the aspect of personal data protection, especially in the case of online loans, including prohibitions: (a) prohibition of obtaining or collecting personal data that is not theirs, with the intention of benefiting oneself or others , which may result in the loss of the subject's personal data; (b) prohibition of disclosing personal data that does not belong to him with the intention of benefiting himself or another person which could result in the loss of the personal data subject; (c) prohibition of using personal data that does not belong to him, with the intention of benefiting himself or another person which can result in the loss of the personal data subject; (d) prohibition of making false personal data or falsifying personal data with the intention of benefiting oneself or another person which may result in harm to another person. The research used in this research process uses a type of normative legal research. The determination of this study puts forward the dignified aspect of justice in the process of resolving online loan conflicts against all forms of protection of consumers' personal data, so that consumers feel transformative justice in an electronic trading system. Apart from that, it also maintains the principles of privacy rights in order to protect and provide legal certainty against all forms of abuse of consumer personal data.

Criminal Law Enforcement Against Digital Financial Services Sector Companies for Misuse of Consumer Personal Data

Criminal Law Enforcement Against Digital Financial Services Sector Companies for Misuse of Consumer Personal Data

Protection of Personal Data in Online Transactions Study of Decision Number 235/Pdt.G/2020/Pn.Jkt.Pst

In Indonesia, the most recent case of personal data leakage of e-commerce consumers was the personal data leak of the Tokopedia marketplace which occurred in early May 2020. Around 91 million Tokopedia user account data were hacked and sold on the dark web for US$ 5,000. This personal data leak case a lawsuit was filed against the Minister of Communication and Informatics and PT Tokopedia and has been decided by Decision Number: 235/PDT.G/2020/PN.JKT.PST. Protection of personal data in Indonesia deserves to be studied and the problem must be resolved immediately. In this study, a normative juridical method was used and it was found that problems related to regulation also contributed to the fact that the protection of personal data of online application consumers in Indonesia was not maximized. This is due to the fact that existing laws regarding the protection of consumer personal data are still deemed unable to overcome the problems. In addition to regulatory issues, there are also problems regarding the government's lack of oversight of online applications that surf in cyberspace that collect personal data of application users. In this case, it is necessary to immediately pass the Bill on Personal Data Protection.

CONSUMER PERSONAL DATA LEGAL PROTECTION ON ILLEGAL FINTECH LOANS

Currently, there are many online loans that make it easy for people to access credit. In addition to providing convenience, online loans can also harm the public by disseminating personal data. The protection of the rights of online loan service users is considered not optimal. This study aims to find out about the misuse of technology, especially in financial technology. The research method used is a normative juridical approach, the research phase is a literature study, data collection techniques through document studies and normative qualitative data analysis. The results of the study show that consumer protection and consumer personal data protection are indispensable. In this regard, it is important to review the legal protection of borrowers' personal data in online loan application services and sanctions for violations of personal data. The state has provided consumer protection as regulated in Law Number 21 of 2011 concerning Consumer Protection and Financial Services Authority Regulation Number 6/POJK.07/2022 concerning Consumer and Community Protection in the Financial Services Sector.

Perlindungan Hukum Data Pribadi Konsumen Dalam Perjanjian Pinjaman Online Di Indonesia

Online loans make it easy to complete the entire loan process. Starting from initial qualification to loan financing. Online loan providers provide convenience in borrowing online because they offer lower interest rates. Even though the fact that happened has a risk for data dissemination due to a lack of forms of personal data protection. So with this matter the publication of Law Number 27 of 2022 Concerning Personal Data Protection, with the existence of the Personal Data Protection Act, the public is expected to be careful in taking action. And strengthened by the issuance of OJK regulations, POJK NO. 10/POJK.05/2022 Concerning Information Technology-Based Joint Funding Services. This article uses normative legal research methods with regard to empirical legal research. The results of the study found that the protection of consumer personal data in online loans must be highly protected and if consumer data is available it will be carried out in court with certain trials and very high criminal provisions. Second: online loan arrangements in Indonesia have been updated by the OJK in a very strict and serious manner. So with this the author urges the OJK not to be cheated on new companies to establish online loans