Legal Analysis of Personal Data Protection and Privacy Rights from the Perspective of Human Rights Protection

Abstract

The digitalization of public administration requires guarantees of security and personal data protection as part of privacy rights safeguarded by the constitution and human rights; however, various data breaches indicate weak supervision and accountability mechanisms of data-managing institutions, resulting in suboptimal protection. This study aims to examine the legal framework of personal data protection and privacy rights from a human rights perspective and to analyze the juridical implications of human rights principles in Law Number 27 of 2022 concerning Personal Data Protection. The method used is normative juridical research with a statutory approach through library research and qualitative analysis of primary, secondary, and tertiary legal materials. The results show that privacy rights are recognized as human rights obligating the state to respect, protect, and fulfill these rights through the regulation of data subject rights, data controller obligations, supervisory mechanisms, and legal sanctions ensuring equality before the law and remedies for misuse of personal data. The novelty of this research lies in the integrative analysis between human rights principles and the construction of state responsibility in personal data protection based on national regulation. It is concluded that the regulation provides a comprehensive legal basis, but its effectiveness requires cross-sector regulatory harmonization; therefore, the establishment of an independent data protection authority, strengthened integrated supervision, and standardized data management are recommended to ensure optimal privacy protection.