Data Center Policy Update

Only strategic electronic data to be processed and stored in Indonesia

By Christ Ponderosa
Wednesday, February 14, 2018

A draft revision to Government Regulation No. 82 (GR 82) that AmCham Indonesia recently received requires electronic system operators to place and process their strategic electronic data within a data center located in Indonesia, while data classified into other categories can be managed and stored outside Indonesia. The implementation of GR 82 has been a long subject of concern and advocacy for AmCham and our member companies.

The definition of strategic data has been clarified in the current draft. Strategic electronic data is defined as data with a strategic impact on the public interest, public service, continuity of state administration or national defense and safety. Examples of strategic electronic data include intelligence data, demographic data or data about Indonesian citizens, national defense and safety.

Article 17 in the original 2012 draft of GR 82 on Operation of Electronic Systems and Transactions requires electronic system operators for public service to locate their data center and disaster recovery center in Indonesia for the purpose of law enforcement, data protection, and the enforcement of Indonesian state sovereignty over Indonesian citizens’ data. This was applied to all kinds of data, since the original draft did not classify data into categories as the current draft does.

The original draft also provided no further clarification on data center details, and no clear definition of what constituted “public service” in the context of electronic system operation. This caused considerable confusion in the past.

Addressing this, the GR 82 Draft Revision includes detailed descriptions of what electronic system operators for public service could look like, therefore providing some clarity to the definition of “public service” that was not provided in the original draft.

The revision also adds another administrative sanction — access revocation — for noncompliance.

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