Tiktok Phenomenon: Exoneration Clause Vs. Personal Data Protection

Lu, Sudirman Tiktok Phenomenon: Exoneration Clause Vs. Personal Data Protection. Jurnal Pendidikan Kewarganegaraan Undiksha, 10 (1). pp. 441-453. ISSN 2599-2686

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Abstract

The losses experienced by consumers in agreeing to the exoneration clause agreement regarding compensation for the use of the TikTok Application can be found in cases of leakage of personal data of TikTok Application users. This study aims to discover the terms and conditions of personal data protection on the TikTok application, which contains an exoneration clause, and examine the legal remedies when somebody experiences a loss. The authors use the juridical-normative method by analyzing the laws and regulations related to the research topic. Thus, the authors can get research results on the legal remedies to take if the users experience losses due to the exoneration clause in the terms and conditions of personal data on the TikTok application. If there is an agreement between the litigants, the case can be submitted to BPSK/Badan Penyelesaian Sengketa Konsumen (Indonesian Consumer Dispute Settlement Agency), either by conciliation, mediation, or arbitration. If the case cannot be resolved, the general court will handle it. This research reveals that the regulation of personal data access in the terms and conditions of the TikTok Application contradicts the provisions contained in the Indonesian Minister of Communication and Information Technology Number 20 of 2016 concerning Protection of Personal Data in Electronic Systems and the Indonesian Law Number 8 of 1999 concerning Consumer Protection

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