Policy Paper No. 39 -
A Study on the Access of Ministry, Government Agencies, and Law Enforcement Authority to Electronic System Organizers’ Data and Systems
The MOCI Regulation No.5/2020 contains provisions on the ministries or government agencies’ access to “electronic data” and “electronic system” for supervision purposes in accordance with laws and regulations. Access to electronic data and systems of ESOs is problematic because it might infringe on personal data protection, freedom of speech, and individual privacy. It is also concerning for ESOs as it concerns intellectual property rights and trade secrets.
CIPS recommends that there needs to be an evaluation or improvement to ensure the due process of law, especially from these aspects: legality, authorization, or stipulation from judiciary/independent bodies, and review and appeal. The MOCI should also serve as an advisory body and protector to ensure that access by ministries/government agencies is in accordance with the principles of personal data protection. Lastly, access to ESO’s system should be chosen as a last resort after other risk mitigation measures have been carried out.