Perpres on PDP to Be Issued Soon; Supervisory Authority Confirmed to Be Independent of Komdigi

The Ministry of Communication and Digital Affairs (“Komdigi”) has confirmed that the Personal Data Protection (“PDP”) supervisory authority will operate independently and will not be part of the Ministry’s organizational structure. The establishment of this supervisory authority is to be regulated under a Regulation of the President (“Perpres”) on PDP, which is currently pending the President’s signature.

“As of now, the establishment of the regulation governing the PDP authority is still awaiting the President’s signature on the Perpres,” said an internal Hukumonline source at Komdigi.

The issuance of the implementing regulations and the establishment of the supervisory authority have been highly anticipated by the public and industry players, particularly those in the financial sector, which handles sensitive data. The delay in establishing the authority had raised concerns, and Law No. 27 of 2022 on Personal Data Protection (“PDP Law”) was even challenged before the Constitutional Court (“MK”) on the grounds that the personal data protection authority had yet to be established.

“As for the RPP PDP, it has already been assigned a number and is only awaiting establishment and official promulgation,” he added.