Based on the last G20 digital economy framework, it is said that data privacy is a threat to aspects of connectivity. Therefore, we need data protection. In the national seminar on Monday (3/4/2023), the ranks of professors both from within and outside the country, including lecturers at the International Islamic University Malaysia (IIUM), Prof. dr. Sonny Zulhuda and Prof. dr. Nasarudin and also a professor from Fachhochschule Dortmund, Prof. Michael Bohne has thoroughly discussed this issue.
In the past, humans were concerned about tangible, conventional economic resources such as food supplies, property, or even land. But in the era of digital disruption, data can also become a new financial resource. Because it is invisible and intangible, data needs more protection than something visible. Therefore it is necessary to hold a data protection system. To create a good data protection system, Prof. Sonny said triangular cooperation is needed. Triangular cooperation involves people, processes, and technology. These three elements may not pass or not be cumulative. If one is missing, then a good data protection system cannot be realized.
Prof. Sonny further reminded the audience that the world’s attention to digitalization has various forms and changes. Blockchain, AI, Cloud, Crypto, and maybe later, the Metaverse will be the new challenges. Therefore we should not focus on what changes have occurred but focus on values which are the fundamental factors. An example is Human Rights and other humanitarian aspects that are embedded in every shift. Because actually, the law is a human matter, and what is contained in it is for humans.
If Prof. Sonny discussed data protection from a value perspective, Prof. dr. Nasarudin discussed it from the side of being careful in providing data. He said that commercial law is one of the fundamental factors that make data protection more advanced in law in Malaysia. Commercial Law is one of the restrictions on data exploitation by large companies. Large companies often collect user data without consent, then use it to develop personalized algorithms. Sometimes, data exploitation is detrimental to its users. So this triggers the issuance of Law No. 27 of 2022 concerning the Protection of Personal Data in Indonesia.
There is also a perspective from Prof. Michael Bohne, who linked data protection to cookies and terms and conditions. Regulatory developments have made companies and applications pay more attention to data protection concerns. Because there are regulatory and legal protections, companies and applications that do not value or uphold data protection, have a terrible opinion in society.
These things lead to the same goal, namely regulation-based data protection. We have to base everything on regulations and laws. The words “Law is always left behind” shouldn’t be a problem in this era of disruption. The law must be dynamic and keep abreast of the times without losing its principles.
This indicates that laws and regulations can be legal instruments to address digital disruption. It cannot be denied that change must bring a lot of entropy, namely disorder, randomness, and uncertainty, so there must be a standard in the midst of that entropy. The standard is the law because upholding it will provide a straighter path to its development and disruption.
