Legal Responsibility of Mobile Telecommunication Service Providers in Protecting Personal Data of Service Users in Regarding Customer Card Registration Events

Abstract

Legal regulations on personal data in Indonesia have not been able to provide protection for personal data, because there is no law that specifically regulates the protection of personal data. Although several other laws and regulations mention the protection of personal data, this is still not in accordance with the principles of personal data protection that apply internationally. The formulation of the problem in this study is howPersonal Data Protection as Fulfillment of the Right to Privacy, howLegal Relationship of Mobile Telecommunication Service Users with Providers, What is the Provider's Responsibility for the Personal Data of Service Users Regarding the Event of Mobile Telecommunication Service Customer Card Registration. The method used is descriptive qualitative, with data sources obtained from related laws, books, journals. The results of this study are (1) The Government based on the PERMENKOMINFO Regarding SIM Card Registration, the Indonesian Government issued a policy regarding the obligation of SIM Card owners to be registered with operators to submit NIK and KK Numbers, which according to the Population Administration Law are both personal data of residents that must be protected by the Government. (2) legal relationship between providers and service users. In the event of mobile telecommunication service customer card registration, there is an agreement that is born from the agreement of the parties, in this case the provider and service user. The provider as the organizer of telecommunication services in this case is the party that makes it, while consumers only agree and follow the provisions that have been agreed upon. (3)Personal data protection is a fundamental right for every citizen that should be guaranteed by the state because basically protection of personal data is the fulfillment of the right to privacy of every citizen. Regarding the implementation of telecommunications by the state involving service providers or in this case providers as business actors who provide their services in the form of cellular telecommunications networks that also have the authority to collect personal data of service users, of course, have a very important role in protecting personal data of service users.