Artificial Intelligence and Its Challenges for Indonesian Data Protection Act

Rahman, Rofi Aulia and Fabio, Matthew and Lailiyah, Sofiah (2023) Artificial Intelligence and Its Challenges for Indonesian Data Protection Act. In: Asian Conference on Comparative Law, 9-10 Agustus 2023, Universitas Muhammadiyah Yogyakarta. (Submitted)

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This article aims to analyze whether Indonesian data protection act 2022 has covered artificial intelligence (hereafter: AI) challenges. AI gradually impacted all sectors, including the area of data privacy. Data privacy is part of human rights that must be protected by law. However, in developing and using AI potentially violated data privacy. Therefore, this article discusses some views: a) analyzing the potential hazard of AI for data privacy; b) analyzing the new data protection act 2022 of Indonesia on technological development, including artificial intelligence; c) refilling the missing piece within data protection act in addressing the implications of AI. The method used in this article is doctrinal legal research with statutory, conceptual, and comparative approach. The result of this article shows that there are some missing parts within the data protection act of Indonesia that cannot cover the AI challenges while the protection of data privacy is a crucial part in a rule of law state as Indonesia has been implementing. Furthermore, responsible AI principles need to be filled in the data protection act especially in Article 3 of the data protection act 2022. AI engineers face challenges since Article 20 (2) section a which explicitly envoys the developer to obtain consent from the data owner before developing their AI technology, while this stage might be a barrier and debatable among data owner, legal scholar, and engineer since the engineer needs big data with ease and quick to develop the AI program.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: Artificial Intelligence; Data Protection Act; Human Rights; Indonesia
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: ROFI AULIA RAHMAN
Date Deposited: 10 Jul 2023 05:37
Last Modified: 10 Jul 2023 05:37

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