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Ratification of the Health Law for Optimal Protection of Patient Data

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By: Tyas Permata Wiyana )*

The Health Bill was passed by the House of Representatives (DPR) as a Law (UU), on Tuesday, 11 July 2023. Ratification of this regulation needs to be widely appreciated by the public, because it is believed that it will be optimal in protecting health data

All Indonesian citizens with patient status are entitled to protection from the government and have a strong legal umbrella in the form of a law. They are calm because they are protected by laws that are applied throughout Indonesia. Everything must be protected because both health workers and patients are Indonesian citizens.

To protect patients, the government and the DPR agreed to issue a Health Law. The law stipulates protection so that their data is guaranteed to be safe. The Indonesian Ministry of Health (Kemenkes) claims that patient data security will be guaranteed and regulated in the Health Law.

Previously, the Head of the Ministry of Health’s Communication and Public Service Bureau, doctor Siti Nadia Tarmizi, stated that the Health Bill provides data protection related to each individual’s data.

Doctor Siti Nadia added that data security would be carried out in cross-sectoral coordination, including with the National Cyber ​​and Crypto Agency (BSSN) and the Ministry of Communication and Informatics (Kominfo) as the data guardian. Especially if you don’t want the data to be hacked, you need a large budget and good coordination.

As is known, the issue of data security managed by the Ministry of Health was widely heard after claims that Peduli Lindungi user data was leaked. However, the Ministry of Health emphasized that it was trying to maximize patient and community data security, especially with the One Healthy platform being developed by the Ministry of Health.

The Ministry of Health is trying to get a certification of how the data is recognized that the system is safe and it is ensured that the system we have is quite safe internationally. With the COVID-19 pandemic for 3 years, it teaches us to maintain confidentiality of data.

Doctor Siti Nadia also mentioned the transfer of patient electronic medical record data which could later be carried out between health care facilities. His party ensures that this data transfer will be carried out with the permission of each individual patient.

In that sense, patient data is private and must be protected. Therefore, we need a legal umbrella in the form of a law so that there is clarity and safe protection. Don’t let patient data leak and be taken by hackers, who then disseminate it with negative goals.

Usually the goal in disseminating patient data is motivated by money, so hackers sell it to sales related to health protection. For example insurance agents, sellers of drugs and vitamins, and others. Hackers are very dangerous because they will steal important data to the detriment of patients.

When the patient’s data has been spread, he will be embarrassed because he is being chased by unscrupulous drug sellers and called by unscrupulous insurance agents. His calm was disturbed because he was also offered via email.

The hackers can also find out which patient data is important. For example, a health record from a community leader. This data can be sold to political opponents and used as a tool for black campaigns, bearing in mind that now is entering a political year. This is very dangerous because health data can be used to slander someone.

Therefore the Health Law is obliged to receive broad support so that there is comprehensive protection for patients. Apart from health insurance (through the BPJS card), they will also get protection and be sure that their data is safe.

Regarding the ratification of the Health Law, the Chairperson of the DPR, Puan Maharani, also expressed her appreciation. According to the chairman of the DPR, the Health Law also provides legal protection
for health care providers. According to Puan, this was based on the many legal actions received by Health Workers but there was no legal umbrella to protect them.

The public need not fear that the Health Law will harm them because the government has asked for input from experts at the Ministry of Health. Getting good health services is the right of all Indonesian people. Therefore, the government is trying to make a Health Law that makes people always healthy and not worry about medical expenses.

However, there are some people who are afraid of the Health Law. One of the concerns that arose was when the 5% government subsidy rule was abolished. The public will be afraid that what will be removed is assistance in the form of generic drugs or subsidies to the common people that are obtained through the BPJS Kesehatan program.

The Pediatric Health Act protects patient data optimally so that people will not be afraid that all their medical history will be leaked due to the actions of naughty hackers. They will not be afraid that their data will leak and then become the target of unscrupulous salespeople in the health sector. Therefore, all Indonesian people are encouraged to support the Health Law because it is very useful, especially to protect patient data.

)* The author is a contributor to Persada Institute

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