The Utilization of Personal Data for Health Protection in the time of Pandemic Covid-19 Dodik Setiawan Nur Heriyanto- Jihyun Park
Universitas Islam Indonesia (Indonesia) and Youngsan University (South Korea)
Abstract
As a form of effort to prevent the spread of the new Corona Virus (COVID-19), the Government of Indonesia uses technology and information as a form of to centralize related health information. In addition, the Government, in this case through the Immigration Office and in collaboration with the Ministry of Health, has also used the technology for tracing purposes (e-Hac and PeduliLindungi applications). Taking personal data by the government, of course, on the one hand will facilitate efforts to prevent the spread of the virus. However, on the other hand, it can also violate a person^s right to privacy due to the ease of accessing data anywhere and anytime on the basis of health protection interests. The main legal issue examined in this research is related to the validity of data collection and disclosure of data for health purposes according to law. In addition, it also analyzed related to the readiness of Indonesian law to provide protection to data owners whose data is used in health applications. This study uses a normative legal methodology as well as in specific, a conceptual approach and statutory approach. The results of this study are that the use of data for tracing purposes will be very risky for violating someone^s privacy. Hence, specific provisions must be regulated under the law, such as: data controller, categorization of data for health protection, and anonymizing data for the sake of protecting the privacy rights of data owners.
Keywords: data protection- tracing applications- data exposure- privacy rights
