LEGAL PROTECTION OF BORROWER^S PERSONAL DATA IN ONLINE LOAN APPLICATION SERVICES I Komang Bintang Kurnianta, I Made Indra Sastrawan, IB Gede Agustya Mahaputra
WARMADEWA UNIVERSITY
Abstract
The development of globalization and technology is so rapid. Making things easier includes the presence of online loans which are the impact of technological advances and many offer loans with easier and more flexible terms and conditions compared to conventional financial institutions such as banks. However, in some cases of online loans, breaches of the spread of consumer personal data often occur. In this case, some of its customers have complained that their personal data has been disseminated by online loan providers without notification and without the permission of the owner of the personal data. Dissemination of personal data is carried out by sending messages to all telephone contacts owned by the borrower, where the message contains the borrower^s personal data, the amount of debt borrowed and notifies the person concerned to make debt payments from the borrower. In this study, a legal approach from the literature was used to review online lending rules and synchronize relevant rules and regulations to draw technical conclusions. The right to the protection of personal data is a right guaranteed by laws and regulations, in particular those of POJK NO. 77 / POJK.01 / 2016, letter a of article 26 requires financial service providers to retain personal data of consumers who use online loan application services. The overwhelming legal protection that consumers who are victims of misuse of their personal data by online credit activists can provide is a lawsuit against this law under Section 1365 of the Civil Code to provide legal certainty for consumer compensation.
Keywords: Consumer Protection, Personal Data, Online Loans
