Safeguarding Individual Rights Amid Personal Data Security Breaches

Abstract

Digital transformation has increased reliance on the collection and processing of personal data while simultaneously intensifying the risks of data breaches, misuse, and unauthorized access. These threats may undermine individuals’ fundamental rights to privacy and data security. This study aims to analyze the legal status of personal data security and confidentiality as individual and constitutional rights and to examine the extent to which personal data protection mechanisms are aligned with Law Number 27 of 2022 on Personal Data Protection (the PDP Law). Employing a normative legal research method and statutory and conceptual approaches, this study analyzes relevant legislation, legal doctrines, and scholarly literature. The findings indicate that the security and confidentiality of personal data constitute integral elements of personal protection and are grounded in constitutional rights. The PDP Law establishes a comprehensive regulatory framework governing personal data processing, data subject rights, the obligations of data controllers and processors, security measures, and accountability. Nevertheless, the effectiveness of legal protection remains contingent on consistent implementation, effective regulatory oversight, adequate digital literacy, and robust law enforcement.