Legal Updates for December 2016

Personal Data Protection Regime Gets Boost with New Regulation

After a wait of more than a year, the Minister of Communications and Information issued Regulation No. 20 of 2016 on the Protection of Personal Data in Electronic Systems (“PDP Regulation”) on 1 December 2016.  The PDP Regulation, which puts into effect Article 15(3) of Government Regulation No. 82 of 2012 on Electronic Systems and Transactions, sets out the rules governing the protection of personal data that are stored in electronic form.  This Update provides a summary of the key features of the PDP Regulation. 

Electronic Information & Transactions Law Gets Makeover

The House of Representatives recently enacted a number of important amendments to the Electronic Information and Transactions Law 2008, which has been a source of considerable controversy since it was first placed on the statute books. The amendments address five principal issues:

1. Cyber defamation
2. Right to be Forgotten or Right of Erasure
3. Admissibility of electronic evidence
4. Government supervision
5. Investigation of Suspected Offences

Given the ubiquitous presence and importance of the Internet and social media in modern life, this Update discusses these five issues in some detail.

Constitutional Court OKs Private Sector Role in Electricity Sector Subject to Conditions

On 14 December 2016, the Constitutional Court once again ruled on the constitutionality of the Electricity Law. The Court’s ruling came in response to a petition brought by two employees of PT PLN (Persero), the state electricity utility, in their capacities as labor union representatives. This Update provides a summary and analysis of the Court's decision.