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Data Retention Within The Framework of Personal Data Protection in Indonesia

In the advancing digital era, personal data protection has become a crucial concern for individuals and organizations worldwide. Indonesia is no exception, responding to this need with the enactment of Law No. 27 of 2022 on Personal Data Protection (PDP Law). One vital aspect addressed by this law is the retention of personal data. Data retention refers to the policies governing the storage and management of personal data by data controllers. This article will discuss the significance of data retention within the context of PDP Law in Indonesia.

Data retention is a critical step in safeguarding individuals' privacy and personal data security. In the digital age, personal data can easily be stored and utilized by various parties. Therefore, the regulations surrounding data retention in PDP Law aim to protect individual privacy rights and prevent data misuse.

Law outlines several fundamental principles related to data retention, including:
Purpose and Obligations: Data controllers must have clear and legitimate purposes for retaining personal data. Data retention should align with legal obligations, business needs, and individual rights.
Storage Period: PDP Law stipulates that personal data may only be stored as long as necessary for the intended purpose of data collection. Data controllers must adhere to legal regulations governing data retention periods.
Security Protection: During the storage period, personal data must be safeguarded through appropriate security measures. Data controllers must implement technical and organizational measures to prevent unauthorized access, alterations, or deletions.

In the context of PDP Law, some key aspects that must be considered in data retention are:
Data Owner Consent: Data controllers must obtain consent from data owners before storing and processing their data. This consent must be voluntary, and clear information about data retention must be communicated to data owners.
Data Updates and Deletion: If personal data becomes irrelevant or is no longer needed for the original purpose of collection, data controllers must delete or erase such data. Data owners also have the right to update or correct their personal data if necessary.
Data Owner Access and Control: Data owners must have adequate access to review, correct, or delete their personal data stored by data controllers.

Data retention is a critical aspect of personal data protection in the digital age. The PDP Law provides clear guidelines on how personal data should be stored and processed by data controllers. It is important for organizations and individuals to adhere to the provisions of this law in order to preserve privacy, security, and individual rights related to personal data. With proper data retention practices, personal data protection in Indonesia can be effectively and comprehensively realized.

If you, as a prospective client, have further inquiries about the topic discussed above, Schinder Law Firm is one of many corporate law firms in Indonesia that has handled numerous similar matters, with many experienced and professional corporate and civil lawyers in its arsenal, making it one of the top consulting firms in Indonesia. Feel free to contact us at info@schinderlawfirm.com for further consultation.

Author: Dewi Susanti

Schinder Consultant London Ltd.


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