Liabilities of Corporates as Electronic System Providers for the Spread of Personal Data of Peer-to-Peer Lending-Based Application Fintech Users

The popularity of peer-to-Peer Lending Financial Technology, or commonly known as online lending or loan, is growing in society especially during the pandemic. The improvement of online lending services has come as a business opportunity for most parties, affecting countless personal data collected by online-based loan service applications when consumers apply for loan program online. The liabilities of the corporates as electronic system providers that collect the data are vital to be investigated, especially regarding the companies providing loans online and disseminating user data when consumers fail to settle the debt. Law concerning Electronic Information and Transactions and Law concerning Personal Data Protection that serve as legal protection of the personal data do not clearly govern the liabilities over corporate negligence with their position as electronic system providers when the staff intentionally distributes and/or transmits and/or allow for access to the electronic information and/or electronic documents laden with mockery and defamation. This research was conducted based on a normative method, statutory, and conceptual approaches. The research results indicate that corporate liabilities for the dissemination of the data of the users of peer-to-peer lending are governed in Law concerning Electronic Information and Transactions and Law concerning Personal Data Protection but it is only restricted to intentional acts committed by companies. The dissemination of personal data caused by corporate negligence, however, is not governed strictly in laws in Indonesia.