An Examination of Human Rights Related to the Protection of Debtor Customer Data and Information Through Bank Secrecy Rules

This research aims to examine and analyse how the protection of debtor customer data and information in the perspective of human rights. The research method used is legal research with a statutory approach, philosophical approach and conceptual approach. The results of this study indicate that the protection of debtor customer data and information is by implementing bank secrecy rules. However, the rules of bank secrecy in Indonesia are inadequate, because the scope of protection is narrow, covering only depositing customers and deposits of depositing customers. This has violated the rights of debtor customers. Data and information protection is part of personal data protection, which is part of human rights. Personal data protection has been recognised globally in the UDHR and ICCPR. In the Indonesian legal order, personal data protection is a reflection of the 2nd Precept of Pancasila and is protected in the constitution, human rights law and personal data protection law. Indonesia is a rule of law that applies the concept of balance in human rights, therefore the recognition of the right of debtor customers to obtain data and information protection must be carried out in a balanced manner. In this case, there is a balance between the recognition of the right to customer privacy and the obligation to respect the rights of the public regarding the disclosure of information that is the object of bank secrets when there are urgent interests that must take precedence. This concept is in line with the Utilitarian theory of natural law.