Tinjauan Yuridis Pengumpulan Data Biometrik Berbasis Artificial Intelligence tanpa Persetujuan di Indonesia

Abstract

This study examines the collection of biometric data based on Artificial Intelligence (AI) without the consent of data subjects within the framework of Indonesia’s data protection law. The research background arises from the increasing practice of biometric scanning by public and private entities without clear legal authorization, as seen in the Tools for Humanity (Worldcoin) and illegal online lending application cases. The objective is to analyze the conformity of such practices with the legal principles under Law Number 27 of 2022 on Personal Data Protection (PDP Law) and their implications for individuals’ privacy rights. The study employs a normative juridical method with a descriptive-analytical approach through the analysis of legal regulations, academic literature, and real case studies. The findings indicate that collecting biometric data without explicit consent violates the principles of lawfulness, fairness, and transparency, and may result in administrative, civil, and criminal liability. Furthermore, the lack of digital infrastructure readiness and independent oversight mechanisms poses significant challenges to PDP Law enforcement. This study recommends establishing an independent supervisory body, enforcing accountability and transparency principles in AI usage, and enhancing public digital literacy to ensure biometric data protection in the age of artificial intelligence.