Consumer Association File Lawsuit Against Tokopedia

TEMPO.CO, Jakarta - The Indonesian Consumer Community (Komunitas Konsumen Indonesia - KKI) has filed a lawsuit against Tokopedia and the Minister of Communication and Informatics concerning the suspected data theft of 15 million consumers of Tokopedia. The lawsuit was filed on Wednesday, May 6, 2020.

Ia press conference, KKI, through its legal attorney Akhmad Zaenuddin, filed a lawsuit on action against the law against Minister of Communication and Informatics (as Defendant I) and PT Tokopedia (as Defendant II). The lawsuit was filed at the Central Jakarta District Court with registration No. PN JKT.PST-0520201XD dated May 6, 2020.

"The lawsuit was filed in relation to the faults of Tokopedia as the electronic system operator in storing and protecting the confidentiality of personal data and account privacy of the users of online shopping website Tokopedia.com that has been traded in the internet," as quoted from KKI press release on Wednesday, May 6, 2020.

KKI Chairman David Tobing said that Tokopedia has conducted a mistake for not having a proper electronic system and does not possess adequate security system to prevent data leaks. Tokopedia is also considered failing in preventing any process of utilization of personal data in manners which against the law.

David mentioned that this issue proves that Tokopedia has commited faults in protecting personal data and privacy of Tokopedia account owners.

"In the Indonesian laws and regulations system, personal data is defined as certain personal information stored, maintained, and preserved and its confidentiality protected," David said.

The provisions is regulation in Article 1 paragraph (22) of Law No. 24 of 2013 concerning the Amendment of Law No. 23 of 2006 concerning Residential Administration in conjunction to Article 1 point (20) of Government Regulation No. 71 of 2019 concerning the Implementation of Electronic System and Transaction in conjunction of Article 1 point (1) of Minister of Communication and Informatics Regulation No. 20 of 2016 concerning Protection of Personal Data in an Electronic System.

Furthermore, David explained that the lawsuit against Minister of Communication and Informatics Johnny G. Plate was submitted based on the consideration that the Minister is negligent in supervising the implementation of electronic system of Tokopedia. This had caused private information of Tokopedia account owners to be appropriated by a third party illegally.

Whereas, David said, the Ministry of Communication and Informatics is provided with the authority to supervise the implementation of electronic system. This issues is regulated in Article 35 paragraph (1) of Government Regulation No. 71 of 2019.

Therefore, in its lawsuit, KKI demanded the panel of judges to provide a provisional decision ordering the Minister of Communication and Informatics and/or Tokopedia to temporarily halt Tokopedia's implementation of its electronic system during the course of the case investigation until a legal and binding court decision has been rendered.

In addition, KKI also requested the panel of judges to order Tokopedia to provide detailed personal data of the account owners that has been appropriated by a third party without the account owners' consent.

Furthermore, KKI demanded the Minister of Communication and Informatics to revoke Tokopedia's Electronic System Operator Certificate and to order Tokopedia to pay IDR 100 billion of administrative fines.

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