Personal Data Transfer to US May Violate Indonesia's Privacy Law and Human Rights

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Indonesian President Prabowo Subianto announced the official theme and logo for the 80th anniversary of the Republic of Indonesia's independence at the Jakarta State Palace on July 23, 2025. Tempo/Imam Sukamto

TEMPO.CO, Jakarta -Imparsial has criticized the recent agreement between Indonesia and the United States, which includes Indonesia’s commitment to transfer its citizens' personal data to the US. The human rights watchdog called the move a betrayal of the Constitution and national sovereignty.

"The sovereignty of personal data is part of national sovereignty. President Prabowo has the potential to hand it over to foreign parties," said Imparsial Director Ardi Manto Adiputra in a press release on Thursday, July 24, 2025.

He stressed that citizens’ personal data should not be treated as a commodity in international trade or economic agreements.

The criticism refers to the sixth point of the Reciprocal Trade Agreement framework published on the official US government website on July 22, which states that Indonesia is “committed to providing certainty regarding the ability to transfer personal data outside its territory to the United States.”

Imparsial argues this clause contradicts fundamental human rights, particularly the right to privacy. "The government is not even allowed to arbitrarily access the personal data of its people unless in emergency situations that threaten national security," Ardi added.

The group also warned that the provision could violate Law No. 27 of 2022 on Personal Data Protection. While not fully implemented yet, the law is designed to safeguard citizens’ data and prevent abuse. Allowing foreign transfers, Imparsial argued, undermines Indonesia’s national data center development strategy.

They also highlighted the US’s relatively weak data protection framework, noting the absence of a comprehensive federal law. "If data is misused, the Indonesian Personal Data Protection Law cannot reach its jurisdiction there," said Ardi.

Imparsial urged the government to withdraw the clause, warning that it endangers privacy, data security, and national sovereignty.

The US government earlier released a joint statement on the trade agreement, highlighting efforts to remove barriers to digital trade. It stated that both nations would finalize commitments on digital trade, services, and investment.

Anatasya Lavenia Yudi contributed to the writing of this article.

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