TEMPO.CO, Jakarta - Deputy Minister of Communication and Digital Nezar Patria said that the transfer of personal data for commercial purposes had already been happening before discussions on the reciprocal trade agreement between Indonesia and the United States began.
He noted that such transfers occur during online transactions or when users access search engines like Google
"So, the transfer of personal data already existed," Nezar said when met at the ministry office in Central Jakarta on Monday, July 28, 2025.
Nezar explained that Indonesia has enacted the Personal Data Protection Law, which regulates how digital platforms handle consumer data. He described the law as a guide for companies in using the public’s personal information.
However, he acknowledged that he was not yet fully informed about how the trade agreement would affect citizens’ digital rights.
"The technical aspects will be regulated in the process of transferring personal data," he said, adding that the negotiating team was still discussing the agreement’s technical provisions.
Previously, Minister of Communication and Digital Meutya Viada Hafid clarified that the data transfers under the Indonesia–US trade agreement are not equivalent to the unrestricted release of personal information.
"The government ensures that data transfers to the United States are not conducted carelessly," Meutya said in a written statement issued on Thursday, July 24, 2025.
The Golkar Party politician stated that cross-border data transfers are only allowed under specific conditions, including a legitimate legal basis and clearly defined limitations. She pointed out that this type of data exchange already takes place when users access services like Google or Bing.
Meutya said the agreement would serve as a legal foundation to safeguard Indonesians’ personal data when they use digital services from US-based companies.
"All processes are carried out within the framework of secure and reliable data governance, without compromising citizens’ rights," she added.
On the other hand, Executive Director of SAFEnet Nenden Sekar Arum criticized the terms of the agreement. She argued that allowing the transfer of Indonesians’ personal data poses risks and may infringe on their digital rights.
"SAFEnet sees the Indonesia-US agreement as turning personal data into a commercial commodity," Nenden told Tempo on Saturday, July 26, 2025.
Nenden called on the government to explain the legal grounds for the agreement and the mechanisms to protect personal data. She stressed the importance of obtaining consent from data owners and involving the public in the drafting of international agreements of this nature.
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