Legal Construction of the Protection and Processing of Children's Personal Data in Indonesia

DOI

10.2991/978-94-6463-352-8_11How to use a DOI?

Keywords

Legal Construction; Protection and Processing Data; Children’s Personal Data

Abstract

Children fall into the vulnerable category in terms of fulfilling human rights in a country. The Republic of Indonesia guarantees the welfare of children's rights, including the privacy rights of the children. In the digital era, personal data often experiences misuse of its processing. Specifically for children's personal data, more specific protection is needed compared to adult personal data. Unfortunately, in Indonesia, there are no regulations regarding the protection of children's personal data. Children's personal data contains a variety of important information and is more prone to be misused by some parties. Therefore, it is necessary to have special protection relating to the protection and processing of children's personal data. Based on these conditions, to fulfill the legal certainty principle and solve the legal vacuum, this research aims to provide a legal construction for the protection and processing of personal data in Indonesia. This research is doctrinal research with a statutory approach and a comparative approach which will provide a comparison of regulations in countries that have provided legal protection for children's personal data. The research findings show that in terms of a legal void related to children's personal data, it is necessary to provide arrangements specifically related to the consent of the children and the holder of parental responsibility considering the juridical, philosophical, and sociological aspects of urgency. The Children’s Online Privacy Protection Rule regulates the conditions applicable to a child's consent in relation to information society services and special protection of children's personal data, which can then be adopted into laws and regulations, specifically in the Personal Data Protection Law Number 27/2002, as a solution to the problem of children's personal data in Indonesia.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Cyndiarnis Cahyaning Putri
AU  - Sihabudin
AU  - Ranitya Ganindha
PY  - 2024
DA  - 2024/01/10
TI  - Legal Construction of the Protection and Processing of Children's Personal Data in Indonesia
BT  - Proceedings of the 12th UUM International Legal Conference 2023 (UUMILC 2023)
PB  - Atlantis Press
SP  - 147
EP  - 155
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6463-352-8_11
DO  - 10.2991/978-94-6463-352-8_11
ID  - Putri2024
ER  -