EXAMINING THE REFERENCE OF PERSONAL DATA INTERPRETATION IN INDONESIAN CONSTITUTION

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The discourse on personal data protection has been developed for a long time, even before the advent of internet
technology. In the Indonesian context, issues relating to personal data protection have begun to develop in
recent years, responding to the increasingly rapid development of digital technology. Currently, the Personal
Data Protection Bill is again included in the 2021 Priority National Legislation Program in response to the
importance of regulations relating to personal data protection in Indonesia. The fundamental thing that often
escapes the discourse on personal data protection in Indonesia is related to how personal data is positioned in
a constitutional perspective based on the 1945 Constitution of the Republic of Indonesia if personal data is
considered as something that must be protected. This research specifically answered the questions: (a) how
is the conceptual interpretation of personal data? (b) how is personal data positioned in the perspective of the
Indonesian constitution? This research is normative legal research, conducted by analyzing secondary data
obtained through literature review. The results of this research indicated that the conceptual interpretation of
personal data is still a growing discourse. As for personal data in the perspective of the Indonesian constitution,
it can be seen by looking at the legal-historical aspect in the discussion of the amendments to the 1945
Constitution, especially in Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia
which is hypothesized as a reference for personal data protection.
Keywords: interpretation; personal data; constitution; Indonesia