IPB University Professor: Consumer Data Protection Must Not Be Neglected in Law Enforcement
The protection of personal data and consumer information security poses a significant challenge for companies amid the growing need for data driven law enforcement. When law enforcement officers request access to consumers’ personal or financial data, companies need to ensure that legal interests are upheld without neglecting consumer rights.
Prof Megawati Simanjuntak, Professor of Consumer Behavior and Protection at IPB University, explained that companies fundamentally have an obligation to protect consumers’ personal data. However, this obligation has exceptions, including for law enforcement purposes, while still taking into account the applicable requirements.
“Exceptions for law enforcement purposes do not mean companies are free to grant access to consumer data. Requests from law enforcement officers must have a clear legal basis, be proportionate, and be in accordance with the needs of the investigation,” she explained.
According to Prof Megawati, companies should not automatically comply with every request for data access. The verification process is an important step to confirm the identity of the requesting party, the legal basis, the authority of the institution, and the relevance of the requested data to the needs of the investigation.
The principle of proportionality also needs to be applied. This means, she explained, that access provided should be limited to data that is truly necessary and relevant to the purpose of law enforcement. Thus, not all of a consumer’s personal information needs to be disclosed when only some of the data is required.
“Companies are actually not required to simply comply. If the request is questionable, companies have the right to challenge it through legal channels,” she said.
Prof Megawati considers that caution in granting data access is important. This is because procedural leniency can pose risks to consumers, one of which is abuse of authority if access is granted without an adequate verification process.
In the financial sector, such risks can even directly affect consumer activities when access to or actions taken on an account cause funds to be held and transactions to be disrupted. In the long term, such conditions can also affect public trust in institutions.
In addition to protecting consumers, the implementation of clear procedures can also provide certainty for companies when facing data requests from law enforcement officers. According to her, a balance between law enforcement and consumer protection needs to be established through transparent, measurable, and accountable mechanisms.
“Protecting consumer rights does not mean hindering law enforcement. Companies need to ensure that every access to data is carried out based on clear legal authority, necessity, and legal procedures,” she concluded. (Lp) (IAAS/FHD)
