IndonesiaLaw on Personal Data Protection, breach notification
Law No. 27 of 2022 on Personal Data Protection, Article 46
In force since .
A breach notification rule binding public and private bodies.
- Audit expectation
- none
What it requires
- An app that suffers a failure of personal data protection affecting an individual in Indonesia must give written notification within 72 hours to the affected individual and to the supervisory institution, describing the data disclosed and the remedial measures taken.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CM.AW-P7Impacted individuals and organizations are notified about a privacy breach or event.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Which body receives the written notice that Article 46(1)(b) of Law No. 27 of 2022 directs to the 'lembaga' ('institution') for as long as the institution that Article 58(3) leaves the President to establish has not been set up?
- From what moment does the period of '3 x 24' (three times twenty-four) hours in Article 46(1) of Law No. 27 of 2022 run: the occurrence of the 'kegagalan Pelindungan Data Pribadi' ('failure of personal data protection'), or the controller's discovery of it?
What it makes you log
Logging duty
Article 46 requires written notification to the data subject and the supervisory institution within 3 x 24 hours of a failure of personal data protection, stating the data disclosed, when and how, and the remedial steps, and a public notice in certain cases. These are reports, and the Article asks the controller to keep no record of the failure.
- Kind
- None
- As of
What this law does
Article 46(1) requires a Personal Data Controller to give written notification no later than 3 times 24 hours (72 hours) to the personal data subject and to the supervisory institution on a failure of personal data protection. The notification must at minimum describe the data disclosed, when and how it was disclosed, and the controller's handling and recovery efforts; in certain cases the controller must also notify the public.
When LexLint raises it
When your app profile says your app processes personal data.
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