Cross-border genomic data protection in Indonesia: Balancing bio-sovereignty, individual rights, and national security
Abstract
This paper examines Indonesia’s legal framework for cross-border transfer of genomic data and evaluates how it balances the rights of data subjects, state sovereignty, and national security. Using a normative juridical method supported by comparative analysis, it reviews the Personal Data Protection Law 2022 and the Health Law 2023, along with their derivative ministerial regulations, in relation to international standards such as the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the World Health Organization (WHO) 2024 Guidelines, and China’s Regulation on Human Genetic Resources (HGR Regulation) 2019. The findings reveal three regulatory weaknesses: the limited recognition and protection of genomic data as sensitive data; the absence of benefit sharing and informed consent as fundamental rights of data subjects; and the lack of binding interstate treaty obligations to protect genomic data outside Indonesia. The paper proposes a ‘treaty-first’ approach in the Material Transfer Agreement (MTA), benefiting data subjects as a right, and a binding international framework designed explicitly for the cross-border protection of genomic data. This article is also included in The Business & Management Collection which can be accessed at https://hstalks.com/business/.
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Author's Biography
Tri Andika is a Doctoral Student in the Faculty of Law, Universitas Andalas, Indonesia, where his research is related to cross-border genomic data transfer. He is also a lecturer at Bengkulu University, Indonesia, with expertise in international law, particularly in the field of personal data protection.
Zainul Daulay is a Professor of International Law at Universitas Andalas, Indonesia. The focus of his research is on traditional knowledge rights among indigenous communities.
Ferdi is a Professor of Law at Universitas Andalas, Indonesia, with specialisation in international environmental law.
Sinta Dewi is a Professor of IT Law at Padjadjaran University, Indonesia. She was a member of the expert team that drafted the Indonesian Personal Data Protection Law.
Xuxin Yao is a PhD student at East China University of Political Science and Law, Shanghai, and the University of Antwerp, Belgium. Her research topic is related to legal issues in health data research.
