Strengthening of Bank Secrecy Regulations in Indonesia to Protect Customers’ Personal Data Post-covid-19 Pandemic

Erma Defiana Putriyanti (), Abdul Rachmad Budiono, Sukarmi and Reka Dewantara
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Erma Defiana Putriyanti: Nasional University, Faculty of Law
Abdul Rachmad Budiono: Brawijaya University, Faculty of Law
Sukarmi: Brawijaya University, Faculty of Law
Reka Dewantara: Brawijaya University, Faculty of Law

A chapter in Proceedings of the 1st Brawijaya International Conference on Business and Law (BICoBL 2022), 2023, pp 227-234 from Springer

Abstract: Abstract The global Covid-19 pandemic has increased banking activities, including in Indonesia. One of them is related to the use of digital banking services and electronic banking services in various bank customer transactions. The use of information technology in banking services increases the security risk of customers' data. Customer personal data should be included in the scope of bank secrecy which must be kept confidential but can be easily used and disseminated for commercial purposes, both by banks and third parties who work with banks without clear restrictions. Therefore this study aims to examine how forms of strengthening bank secrecy provisions in Indonesia protect customer personal data. The research method used in this study is normative juridical with a statutory and conceptual approach, as well as extensive interpretation of legal material analysis techniques. The results of this study indicate that one form of embodiment of balanced legal protection for bank customers after the Covid-19 pandemic is to strengthen bank secrecy rules contained in Law number 10 of 1998, including 1). Expanding the system of legal liability on sanctions for violations of bank secrecy on civil liability; 2). Defining debtor customer information and data into two, namely data related to personal data (accounts) and data related to debtor customer loans; 3). Expand the application of bank secrecy rules to general personal data (accounts/identities) of debtor customers; 4). Restricting the use and dissemination of debtor customer data/information by banks only to information related to the loan; 5). The purpose of collecting and using personal data of debtor customers must be included in the clauses of the contract made between the debtor customer and the bank; 6). Banks in using the personal data of debtor customers must be following the purpose of collection under the contract made between the bank and the customer.

Keywords: Bank Secrecy; Personal Data Protection; Debtor Customers (search for similar items in EconPapers)
Date: 2023
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DOI: 10.2991/978-94-6463-214-9_25

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