Perlindungan Hak Privasi terhadap Penyebaran Data Pribadi tanpa Persetujuan dalam Perspektif Hak Asasi Manusia

Abstract

The development of information technology has made personal data increasingly easy to collect, use, and disseminate, thereby increasing the risk of violations of the right to privacy as part of human rights. The dissemination of personal data without consent may deprive individuals of control over information concerning themselves and create various risks to their private lives. This study aimed to analyze forms of privacy-rights violations resulting from the dissemination of personal data without consent and the corresponding legal protection under human rights law and Law No. 27 of 2022 on Personal Data Protection. The study employed a normative juridical method using statutory, conceptual, and case approaches to relevant practices. The results showed that the dissemination of personal data may be categorized as a violation of the right to privacy when disclosed to unauthorized parties, conducted without a lawful basis for processing, or carried out for purposes inconsistent with legitimate processing objectives. Legal protection of the right to privacy is provided through constitutional guarantees and human rights provisions and is reinforced by the Personal Data Protection Law, which regulates the rights of personal data subjects, obligations to maintain data security and confidentiality, prohibitions against the unlawful disclosure of personal data, administrative and criminal sanctions, and the right to compensation. These findings confirm that consent, a lawful basis for processing, purpose limitation, data security, and remedial mechanisms are essential elements in protecting the right to privacy. This study contributes to clarifying the relationship between personal data protection and the fulfillment of the right to privacy from a human rights perspective. In practical terms, compliance, supervision, and law enforcement need to be strengthened to prevent the unlawful dissemination of personal data.