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The Construction of the Consent Principle in the Protection of Medical Personnel’s Personal Data and Its Legal Consequences in Healthcare Practice Febriansyah, Juan Ponce Enrile; Kurnia, Ida
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i2.381

Abstract

This study analyzes the implementation of the consent principle in the protection of personal data of healthcare workers in Indonesia, focusing on its implications and consequences in the context of digital healthcare services. As digital transformation accelerates in the healthcare sector, with the adoption of electronic medical records, telemedicine, and health applications, the personal data of healthcare workers, including doctors and nurses, is increasingly exposed and at risk of misuse. According to Law No. 27 of 2022 on Personal Data Protection (UU PDP), the consent principle is the primary basis for legitimate data processing. However, this research reveals a gap between existing regulations and their implementation, which could lead to legal, ethical, and professional consequences for healthcare workers. Findings indicate that, despite the normative regulation of consent in the UU PDP, its application in digital health policies remains weak and inconsistent. This study suggests the need for regulatory improvements and stronger enforcement of the consent principle to effectively protect the personal data of healthcare workers.
Principle of Consent in the Protection of Medical Personnel’s Personal Data: Implications and Consequences Enrile Febriansyah, Juan Ponce; Kurnia, Ida
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 17 No 2 (2025): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v17i2.13234

Abstract

Ideally, the principle of consent serves as the ethical and legal foundation for managing the personal data of medical personnel to ensure that every sensitive piece of information is processed transparently and securely. However, practical realities reveal weak compliance, limited awareness of data rights, and the rapid development of health technologies that are not yet balanced with adequate regulation. These conditions give rise to various legal issues, including data breaches and misuse of information that may harm medical personnel both personally and professionally. This study aims to analyze the position of the consent principle as one of the key pillars of personal data protection for medical personnel, while also outlining the implications and legal consequences of its implementation within the context of modern healthcare services. The methodology used in this study is categorized as qualitative library research, employing a normative legal approach explained through descriptive-analytical analysis. The findings indicate that the fulfillment of the consent principle has not been fully effective and still requires regulatory strengthening, enhanced data literacy, and consistent law enforcement to safeguard the integrity and security of medical personnel data.