Jakarta Information Commission Highlights Balance Between Public Information Openness and Patient Privacy

The DKI Jakarta Information Commission has highlighted the importance of public information disclosure in the health sector being implemented in balance with the protection or privacy of patient data. “Transparency does not mean revealing everything. There is information that must be disclosed to the public, but there is also information that is exempt. This is where a philosophical and juridical understanding is needed so that both interests run in balance,” said the Chairman of the DKI Jakarta Information Commission, Harry Ara Hutabarat, in Jakarta on Saturday. According to him, transparency does not mean opening all information to the public, but rather providing information that is the right of the community while maintaining the confidentiality of exempt information. He explained that the right to obtain public information is guaranteed in Article 28F of the 1945 Constitution of the Republic of Indonesia and further regulated in Law Number 14 of 2008 concerning Public Information Disclosure. In addition, the enactment of the 2022 Personal Data Protection Law further strengthens the protection of personal data without reducing the public’s right to obtain information. “As a public body funded by public taxes, the information managed is in principle owned by the public. However, not all information can be provided because there is exempt information in accordance with statutory provisions,” Harry explained. In the practice of information services, frontline officers in hospitals have a strategic role in protecting patient data. Therefore, every request for information must be directed to the Information and Documentation Management Officer (PPID) so that the type of information requested can be tested. “When there is a request for information, direct it to the PPID. The PPID has the obligation to screen whether the information is included in the Public Information List or the Exempt Information List, so that it can be ensured that the information provided complies with legal provisions,” he said. He also reminded that Article 17 of the Public Information Disclosure Law regulates exempt information if its disclosure could cause certain consequences. This provision serves as the basis for protecting various sensitive data, such as medical records, health data, biometric data, genetic data, children’s data, and personal financial data. Furthermore, the resolution of information disputes must follow the mechanism regulated in Information Commission Regulation Number 1 of 2013 concerning Procedures for Resolving Public Information Disputes, namely starting with a request for information to the PPID before it can be submitted to the Information Commission. Public bodies are also required to carefully classify information through the mechanism of obscuring or redacting exempt information. “The principle is that information disclosure must still provide benefits to the public without sacrificing a person’s right to privacy. Therefore, the PPID has the responsibility to sort out open information and exempt information in accordance with the mandate of the Public Information Disclosure Law,” said Harry.