REPRESSIVE PROTECTION FOR JOURNALISTS FOR LEAKAGE OF PERSONAL DATA BY TELECOMMUNICATIONS SERVICE PROVIDERS

Abstrak

Leakage of personal data is the transmission of data via electronic devices including name, place, date of birth, passcode and electronic address which can be accidentally accessed by unauthorized persons. This study aims to understand the legal protection that can be given to journalists for acts against the law by telecommunications service providers for personal data leakage. This study uses normative research methods by analyzing data in a descriptive-qualitative manner. The results of the research show that actions taken by telecommunication service providers are classified as unlawful acts under Article 1365 of the Civil Code. Journalist Akbar Wijaya as the victim suffered material and immaterial losses and disrupted his journalistic activities because he experienced personal data leaks. Thus, based on Article 1365 of the Civil Code, he is obliged to obtain compensation and Telkomsel has not been able to carry out its obligations as a business actor to have good faith in providing its product services. Telecommunications service providers who have a role as personal data controllers commit acts that are not in accordance with the precautionary principle in accordance with Article 3 of Law no. 27 of 2022 concerning personal data protection.