THE URGENCY OF CONSUMER CELLULAR PHONE DATA PROTECTION IN THE CONTEXT OF P2P LENDING PLATFORM IN INDONESIA

Abstract

The purpose of this research to analyze the conditions of implementation consumer cellular phone data protection of P2P Lending Platform in Indonesia. Many cases of P2P Lending, involve consumer harms through obtaining access to contact data, tracking of the contact data and calling people on the consumer contact list regardless of the consent given by the consumer. This creates inconvenience for consumers whose contact list is tracked, as well as for those who are called by the P2P Lending debt collector. This may be caused by the lack of details in Terms and Conditions of P2P Lending Platform. Therefore, the inconvenience of consumer must be resolved by analyzing the existing regulations and Draft of Personal Data Protection to identify what extent Indonesian Law provides protection of consumer cellular phone data in P2P Lending Platform by relying on the application of Social Engineering by Roscoe Pound as well as Article 7 (1) and Article 8 (1) Law 12 Year 2011. The result of this study states the relation of these regulation regarding consumer cellular phone data protection still overlapping in another one. Other than the abovementioned matter, this research is also states that the Draft of Personal Data Protection give more protection for consumer than the existing regulation.