Safeguarding Personal Data Amidst Digital Transformation
Digital transformation has fundamentally altered societal patterns. Various activities, including financial transactions, education, healthcare, e-commerce, and public services, now depend on digital technology. This convenience is accompanied by an increased use of personal data as a primary requirement for accessing various services.
Behind this convenience, new problems have emerged in the form of increasing threats to personal data security. Data breaches, identity theft, digital fraud (phishing), misuse of personal information, and the unauthorised trade of data without the owner’s consent have become increasingly complex challenges. Various studies indicate that personal data has now become a commodity with high economic value, necessitating adequate legal and ethical protection.
In Indonesia, the state has responded to these challenges through Law Number 27 of 2022 concerning Personal Data Protection (UU PDP). The presence of this regulation provides legal certainty regarding the rights of data owners, the obligations of data controllers, and sanctions for the misuse of personal data. However, the effectiveness of data protection depends not only on the existence of regulation but also on public awareness and the responsibility of all parties managing personal data.
In Islam, all Sharia rules aim to achieve public interest (jalb al-masalih) and prevent harm (dar’ al-mafasid). This objective is known as Maqashid Sharia. According to the thought of Abu Ishaq al-Shatibi, Maqashid Sharia is oriented towards protecting the five basic human needs (al-dharuriyyat al-khams): protecting religion (hifz al-din), life (hifz al-nafs), intellect (hifz al-’aql), progeny (hifz al-nasl), and property (hifz al-mal).
Technological developments present new forms of public interest that were unknown in the classical era, including the protection of personal data. Therefore, personal data protection is a tangible implementation of the principle of hifz al-mal (protection of property).
Furthermore, the misuse of personal data can threaten honour (hifraz ’ird), life safety (hifz al-nafs), and even social stability. The unauthorised dissemination of personal data can damage a person’s reputation, trigger cyberbullying, extortion, or defamation. Therefore, maintaining personal data security is part of the effort to preserve human dignity as taught in Islam.
Islam places ‘amanah’ (trustworthiness) as one of the fundamental values in community life. Personal data entrusted to an institution, company, or electronic system provider is a trust that must be guarded with full responsibility. The use of data without the owner’s consent contradicts the principles of honesty, responsibility, and justice that form the basis of Islamic muamalah (transactions). Regarding Islamic fintech, personal data protection is not only related to technological security aspects but is also an implementation of the principles of amanah, ridha (consent), transparency, and the prohibition of actions that harm others. Consequently, every digital service provider is obliged to build adequate security systems to ensure user data is not misused.
Although the UU PDP is in effect, Indonesia still faces various challenges. Low digital literacy causes some members of the public to easily share personal information through social media, untrustworthy links, or applications that lack adequate security systems. On the other hand, businesses are also required to increase cyber security standards to protect consumer data.
Various legal studies state that personal data protection requires synergy between strong regulation, consistent law enforcement, technological readiness, and increased public awareness. Without such collaboration, the goal of optimal data protection will be difficult to achieve.
From the perspective of Maqashid Sharia, personal data protection is part of the effort to build collective public interest. This interest is realised not only through law enforcement but also through the formation of an ethical digital culture.
The public needs to understand the importance of maintaining the confidentiality of personal data, using strong passwords, activating two-factor authentication, and not indiscriminately providing data to parties without a clear legal basis. On the other hand, the government must continue to strengthen the implementation of the UU PDP, while digital service providers must apply the principle of ‘privacy by design’ from the system design stage.
Thus, digital transformation does not only produce technological progress but also brings a sense of security, public trust, and protection for the fundamental rights of the community.