Data Protection Officer: Indonesia’s new most wanted corporate position?

Oct 6, 2023 | Corporate & Compliance

In the rapidly evolving digital landscape, where data has become an invaluable resource, the role of a data protection officer (DPO) has emerged as a critical cornerstone in ensuring the safety and security of individuals’ rights to privacy.

What is a DPO?

A DPO is an appointed individual within an organisation responsible for overseeing data protection strategy and ensuring compliance with relevant data protection laws and regulations. Indonesia has solidified and imposed this position by Law Number 27 of 2022 on Personal Data Protection (PDP Law), which will become enforceable by late 2024. PDP Law mandates the appointment of a DPO for organisations, whether private businesses or government institutions, that process personal data on a large scale or engage in systematic monitoring of individuals.

What are a DPO’s key functions?

At the heart of the DPO’s role lies the protection of individual rights. As more aspects of daily life become digital, the amount of personal data being collected and processed grows exponentially. The data encompasses a wide range of information, from individuals’ names and addresses to more sensitive details, such as health records and biometric data. A DPO ensures that this data is collected and processed with individuals’ explicit consent and that their rights to access, rectify, and erase their data are respected.

In addition, the DPO serves as the point of contact for individuals to address their concerns regarding data privacy. This direct line of communication fosters transparency between organisations and the individuals whose data they handle, enhancing the overall trust in the organisations’ practices.

How a DPO aids organisations in case of data breaches and risks?

Data breaches have become a prevalent concern in the digital age, with cyberattacks targeting sensitive information held by organisations. The consequences of a data breach extend beyond financial losses, as they can erode individuals’ trust in the organisation’s ability to protect their data. The DPO plays a crucial role in minimising these risks by implementing robust security measures, monitoring data processing activities, and ensuring that all employees are educated about data security best practices.

In the unfortunate event of a breach, the DPO leads the organisation’s response efforts. They work with relevant authorities, communicate with affected individuals, and oversee the implementation of remediation measures to prevent similar incidents in the future. This responsive approach mitigates the immediate impact of a breach and helps rebuild trust by showcasing the organisation’s commitment to rectifying the situation.

Why DPO now?

Our world today is merging with the digital landscape and with it comes a complex web of data protection regulations. Staying compliant with these regulations is a daunting task for organisations of all sizes. The DPO acts as a guide through this regulatory maze, ensuring that the organisation adheres to the latest legal requirements and standards. For example, the PDP Law sets strict guidelines on data collection, processing, storage, and sharing, all of which the DPO must oversee to ensure the organisation avoids hefty fines and legal consequences.

Beyond Indonesia’s legal landscape, various jurisdictions have enacted their own data protection laws, to name a few the EU’s General Data Protection Regulation (GDPR), the California Consumer Privacy Act in the United States, the Personal Data Protection Act of Singapore, and on 9 August 2023, India passed its Digital Personal Data Protection Bill into law. Navigating this patchwork of regulations requires expert knowledge, and the DPO serves as a knowledgeable resource to ensure the organisation’s practices align with the evolving legal landscape.

Who should be employed as a DPO?

An organisation can have all the duties and functions of a DPO performed by their employees or external parties, such as a law firm. The main criteria of a DPO are their privacy law conservancy and ability to perform the required work related to the protection of individuals’ personal data processed by the organisation. Additionally, in appointing a DPO, an organisation must consider that the person they are appointing is free from conflict of interest.

Key takeaways

The importance of a DPO’s role is not merely a compliance checkbox but a critical component in the ethical and responsible handling of personal data. From safeguarding individual rights and navigating the complex regulatory landscape to fostering accountability and mitigating data breaches, the DPO is responsible for ensuring every facet of an organisation’s data protection strategy. That said, as technology advances and becomes even more integral to our lives, the role of a DPO will only grow in significance, serving as a beacon of privacy in the digital age.
To find more information about data protection dos and don’ts, contact us by email or phone number listed on our website.

Written by:
A.A.B.N.A. Surya Putra
Academic and Research Manager and a data protection officer
RAH | The House of Legal Experts

Disclaimer: This document does not constitute legal advice, for more consideration you are advised to consult respective experts or Lawyers.

Related insights