Deputy Minister of Communication and Information regarding the Photo Seller Application Polemic: Follow the PDP Law

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Denpasar, domclub Indonesia

Deputy Minister of Communications and Digital (Wamen Komdigi)
Nezar Patria
said the polemic regarding applications based on artificial intelligence (AI) to display photos of street photographers or public spaces must be resolved following the Personal Data Protection Law (
PDP Law
).
Apart from that, he continued, the most important thing is the photographer’s ethics.
“The most important thing is that this refers to the law on personal data protection. And this is also a matter of ethics too. So if you publish photos of people like that, without their permission and with concerns that they will be used for bad things, that will of course bring legal consequences,” he said, after being a speaker at
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Primakara University in Denpasar, Bali, Friday (31/10) afternoon.
“So I think it’s good, if by using the FotoYu application there is some kind of consensus between the person being photographed and the person taking the photo, that would be better. So no one is harmed, there is no privacy involved,” he explained.
Previously, there was a polemic regarding street photographers displaying their shots on the FotoYu application recently.The application becomes a display for the photographer to sell his shots.
However, recently it has become a polemic because many people do not agree with this practice.
On a number of social media, several people said they did not agree because they did not ask permission when taking photos and selling them.But on the other hand, there are also those who have no problem with this activity.Various reasons were given, such as wanting to exist or having photos that could be uploaded on social media.
Komdigi will call the association
Previously, Komdigi’s Director General of Digital Supervision Alexander Sabar said that his party would invite a number of relevant representatives to respond to the polemic about the presence of many photographers in public spaces which made people worry about their privacy.
“In the future, the Directorate General of Wasdig Kemkomdigi will invite representatives of photographers and associations such as AOFI and related PSEs to discuss and strengthen understanding regarding the legal and ethical obligations of photography, especially in the context of protecting personal data,” said Alex to
domclubIndonesia.com
, Wednesday (29/10).
Alexander stressed the importance for photographers to comply with the provisions of the Personal Data Protection Law (UU PDP), especially if shooting activities are carried out outside of a personal or household context.
Alex said a person’s photo, especially one that shows an individual’s face or characteristics, falls into the category of personal data because it can be used to identify a specific person.On that basis, every photo shoot and photo publication activity must pay attention to the ethical and legal aspects of protecting personal data.
Then, photographers are also said to have to comply with copyright provisions which prohibit the commercialization of photographs without the consent of the photographed subject.
In accordance with the PDP Law, said Alex, every form of processing of personal data – from collection, storage, to dissemination – must have a clear legal basis.For example, through the data subject’s explicit consent.
He said that people have the right to file a lawsuit and feel that their personal data has been violated.
“(We) remind that the public has the right to sue parties suspected of violating or misusing personal data, as regulated in the ITE Law and the PDP Law,” he said.
Furthermore, the Directorate General of Wasdig Komdigi continues to encourage digital literacy in society by emphasizing the importance of ethical use of technology and protecting personal data, including in creative sectors such as photography and generative artificial intelligence.
(kdf/kid)
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