对非法在线贷款服务中单方面包含的紧急联系人个人数据的法律保护

Josephine Ayuningtyas
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引用次数: 0

摘要

数字金融服务(Fintech)的新机遇不断涌现,在拉近社会距离的同时加速了数字金融的普惠性,网上贷款就是其中之一。网上贷款在借款或融资过程中提供了便利,无需直接访问银行等传统金融机构,这是支持网上贷款日益普及的因素之一,从而为网上贷款提供商拓展其行业开辟了更多机会。然而,由于这种技术的便捷性,也出现了一些问题,其中之一就是借款人的紧急联系人被滥用,给这些联系人的所有者造成不便,他们的个人生活被打乱。本研究采用规范法律研究的方法进行。网上贷款提供的便利体验要大得多,借款过程只需通过网站或手机进行,消费者只需通过系统进行确认,随时随地都可以完成。然而,在网上贷款提供便利的同时,社会上往往没有对所使用的技术或法律和借贷规定进行充分的教育。这就成了 "掠夺性贷款 "行为者发展业务的漏洞。金融服务管理局关于基于信息技术的借贷服务的第 10/POJK.05/2022 号条例已经对借款人的法律保护做出了规定。2022 年第 27 号法律《个人数据保护法》也对借款人的个人数据进行了明确规定,金融技术协会的存在也伴随着基于技术的借贷服务的步伐。个人数据的控制必须获得数据主体的明确同意才能处理个人数据。对于未经同意提供紧急联系号码的在线贷款客户,有多种制裁措施。这些制裁措施包括书面警告、暂时停止所有个人数据处理活动、删除或销毁个人数据和/或行政罚款。
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Legal protection of personal data for emergency contacts unilaterally included in illegal online loan services
New opportunities for digital financial services (Fintech) have emerged to accelerate digital financial inclusion amid social distancing, one of which is through Online Loans. The convenience offered by Online Loans in the process of borrowing money or financing without having to visit conventional financial institutions such as banks directly, is one of the factors supporting the increasing popularity of Online Loans, thereby opening up more opportunities for Online Loan Providers to expand their industry. However, issues arise due to the ease of this technology, one of which is the misuse of borrowers' emergency contacts, causing inconvenience to the owners of those contacts whose personal lives are disrupted. The study is conducted using normative legal research. The experience of convenience offered by Online Loans is much greater; the borrowing process only takes place through a website or mobile phone, allowing consumers to confirm only through the system and do it anytime and anywhere. However, the conveniences provided by Online Loans are often not accompanied by adequate education in society regarding the technology used or the legal and lending provisions. This has become a loophole for "predatory lending" actors to develop their businesses. Legal protection for borrowers is already regulated in the Financial Services Authority Regulation Number 10/POJK.05/2022 Regarding Information Technology-Based Borrowing and Lending Services. Borrowers regarding their personal data have also been clearly regulated in Law Number 27 of 2022 Concerning Personal Data Protection, as well as the presence of Financial Technology associations that accompany the pace of technology-based borrowing and lending services. Control of personal data must obtain explicit consent from the data subject to process personal data. There are several sanctions for online loan customers who provide emergency contact numbers without consent. These sanctions include written warnings, temporary cessation of all personal data processing activities, deletion or destruction of personal data, and/or administrative fines.
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