ANALISIS HUKUM PERLINDUNGAN DATA PRIBADI TERHADAP KEWAJIBAN NOTIFIKASI PELANGGARAN DATA PRIBADI OLEH PENGENDALI DATA PRIBADI: STUDI PERBANDINGAN ANTARA INDONESIA DAN INGGRIS

Abstract

This research was made to review the obligation of controller to notify the data subjects in their legal relationship in terms of the concept of civil law as well as to compare arrangements regarding the obligation of notification in Indonesia and the UK and explore lessons that can be drawn from the results of this comparison. This research was made using the juridical-normative research method, namely by examining various legal materials based on the applicable laws and regulations. Based on this research, the Author concludes that the obligation of controller to notify the data subjects in their legal relationship with the data controllers can be studied in various civil law concepts and difference in the context could affect on the assession of their legal relationship. Then, the Author also finds that there are significant differences in the arrangement of these obligations in the two countries, even though both of them refer to the GDPR. From these differences, some of the best lessons can be found that can be used as media for reflection to improve personal data protection regulations and policies in Indonesia which cover several aspects, namely legal certainty; bargaining position of the Subject; convenience/facilities for the data controller in carrying out their obligations; as well as regarding the competent authority.