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Indonesia says data transfers to US depend on individuals’ choices
Meutya Hafid, communications and digital minister, said transfers of Indonesian data to the US under the Agreement on Reciprocal Tariff happen when individuals choose to use US-based digital platforms, not because the government moves the data.
She told reporters in Jakarta on February 27 that the narrative claiming the government will hand over data on 280 million Indonesians is wrong and misleading.
Meutya said cross-border data flows have long occurred as global social media, foreign cloud services, and overseas payment systems often store or route data via servers outside Indonesia.
She said the ART was signed by president Prabowo Subianto and the US president Donald Trump, but this claim requires independent verification.
Meutya emphasized there is no obligation for citizens to use US-based platforms or payment services, and individuals can opt out if they prefer.
🔗 Source: Voi.id
🧠 Food for thought
Implications, context, and why it matters.
The government’s assurances clash with questions about the agreement’s legal implementation
- The minister says data moves overseas when people choose U.S.-based digital platforms, yet the publicly circulating Agreement on Reciprocal Tariff (ART) text uses firmer language on cross-border transfers and data protection “adequacy” 1.
- The circulating draft says Indonesia must treat the U.S. as a jurisdiction with “adequate” protection under Indonesian law, which goes further than a consent-only view 1.
- Indonesia’s Personal Data Protection Law (UU PDP) includes an adequacy pathway, but Kompas.id says the implementing government regulation and the dedicated data protection authority cited by experts still do not exist 1.
- Legal experts quoted by Kompas.id say no clear domestic body can formally declare the U.S. “adequate,” even though the ART clause assumes that status 1.
A test case for how trade agreements can shape cross-border data rules
- Placing an “adequacy” clause inside a trade deal could lock in easier data transfers without waiting for slower local rulemaking, based on the structure and critiques described by Kompas.id rather than a stated U.S. objective 1.
- The same playbook could spread in later U.S. trade talks, using economic pressure to steer global data movement around local hurdles.
- The government says the ART framework can support transfers needed for e-commerce, digital financial services, and cloud services, while still following Indonesia’s Personal Data Protection Law (UU PDP) 2.
- Kompas.id says the clause could bring longer-term legal risk if it clashes with, or pushes changes to, Indonesia’s current rules, which could unsettle investment plans for data centers and other digital infrastructure 1.
