LEGAL PRINCIPLES OF PROTECTION OF PERSONAL DATA ON ELECTRONIC WALLET (E-WALLET)

27/01/2022 Views : 223

DESAK PUTU DEWI KASIH

Advances in information technology in the industrial era 4.0 have implications for consumer behavior, from conventional shopping to online transactions. This behavior transformation causes changes in the transaction model in unlimited space and time. Transactions can be done only in the hand of a mobile phone that is connected to the internet network.

Such changes have an impact on the regulatory model of the economic order system, especially on the scope of its regulation and the characteristics of the electronic transactions. One of the electronic services that occurs is an electronic wallet (e-wallet). In this e-wallet, transactions are based on Bank Indonesia regulation No.18/40/PBI/2016 concerning the Implementation of Payment Transaction Processing. These provisions are the basis for transactions using e-wallet, as an electronic service for storing payment instrument data, including payment instruments using cards and/or electronic money that can accommodate funds to make payments.

The use of this e-wallet causes the users to provide their personal data to be able to access the application. The problem is how to prevent that personal data from being used and not accessed against the law. For this reason, the legal principles of personal data protection for e-wallet wallet users must know and understand the regulations related to electronic transactions that make payments using e-wallet. The principles can be stated, among others: 1. Maintaining and ensuring the confidentiality and effective security of the personal data of e-wallet users 2. Ensuring the application of consumer protection principles by service providers 3. Service providers provide certainty in handling complaints effectively 4. Fair and transparent treatment in providing e-wallet services.

The legal basis on which it is based is the Bank Indonesia regulation, Law No. 8 of 1999 concerning Consumer Protection. Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions and Regulation of the Minister of Communications and Information Technology of the Republic of Indonesia No. 20 of 2016 concerning Protection of Personal Data and Electronic Systems for Owners of Personal Data.