Jurnal HAM
Vol 14 No 2 (2023): Edisi Agustus

Persetujuan Dinamis sebagai Sarana Optimalisasi Pelindungan Data Pribadi dan Hak atas Privasi

Masitoh Indriani (Department of International Law, Faculty of Law, Universitas Airlangga | Center of Human Rights Law Studies (HRLS) Faculty of Law Universitas Airlangga)
Annida Aqiila Putri (Utrecht Law School)



Article Info

Publish Date
31 Aug 2023

Abstract

Consent is one of the foundations for data processing in the Operation of Electronic Systems by government and private institutions. Implementing consent as a basis for data processing has several shortcomings, particularly as it primarily relies on individuals being aware in providing authentic consent. In practice, individuals often give consent without considering any terms and conditions. Consent obtained without knowledge of data processing can jeopardize the right to privacy and the protection of personal data. This paper examines dynamic consent as a means to optimize the protection of privacy rights. The findings indicate that the concept of dynamic consent that prioritizes its approach to Data Subjects serves as a means to optimize personal data protection. Dynamic consent can strike a balance between on the one hand, the simplicity of the consent mechanism, and, on the other hand, the personal data protection standards and the right to privacy. Formulating dynamic consent should be based on legal elements, societal practices, technological features, and the involvement of personal data protection authorities. Additionally, as a form of implementing accountability for Electronic System Organizers as data controllers or processors, an effective mechanism for resolving personal data disputes is needed. These elements, when combined, can provide optimal personal data protection.

Copyrights © 2023






Journal Info

Abbrev

ham

Publisher

Subject

Description

Focus and Scope Given that the study of human rights involves many scientific elements that are interdisciplinary in nature, Jurnal HAM accepts submissions of scientific articles discussing human rights in Indonesia and beyond from the lens of, but not limited to, legal studies, social sciences, ...