Conception of An Independent Surveillance Authority in the Effort to Protect Population Data

Abstract

The rapid progress of digital transformation underscores the critical need for robust personal data protection as a guarantee of individual rights, particularly to address the prevalent issues of data leakage and misuse, including population data. This need aligns with Article 28 G of the 1945 Constitution, which is actualized through the provision of access to population data for verification purposes to both state and private institutions. Additionally, data users are mandated to adhere to a Zero Data Sharing Policy that strictly prohibits the dissemination or sharing of population data with third parties. However, challenges persist due to limited legal protections concerning personal data classifications and the delineation of authority between data owners and users, highlighting the urgent need for comprehensive personal data protection legislation. Furthermore, the establishment of an Independent Surveillance Authority is essential to ensure effective regulation enforcement. This Authority's roles and powers would align with government efforts to protect population data and be guided by the standards set forth in the European Union General Data Protection Regulation (EU GDPR). Its independent status is crucial to prevent undue influence from parties with vested interests. Functionally, such an authority would enhance the effectiveness of the Zero Data Sharing Policy through its capacity to conduct investigations and enforce collective rights, thus ensuring the protection of human rights. This research employs normative legal research, utilizing legislation and literature reviews alongside descriptive analysis with a deductive approach to manage qualitative data, concluding that legal protections must be bolstered by optimal oversight through an established Independent Surveillance Authority.