Konsep Hak Atas Privasi dalam Era Digital: Tinjauan Filosofis dan Yuridis

Abstract

The development of digital technology has fundamentally transformed the concept and practice of the right to privacy, creating new challenges in legal protection. This study aims to analyze the concept of the right to privacy through philosophical and juridical approaches in the context of the digital age. The research method employed is a literature study with an interdisciplinary approach, combining analyses of legal doctrines, philosophical theories, and international human rights instruments. The findings reveal that the concept of privacy in the digital world has evolved from merely a right to be let alone to a right to data self-determination, where individual control over personal data becomes the core of protection. Philosophically, privacy theories from Warren & Brandeis to Solove remain relevant but require reinterpretation to address the complexities of digital surveillance and the data economy. Juridically, although Indonesia has enacted the Personal Data Protection Law (UU PDP), its implementation still faces challenges in balancing the interests of the digital economy and the protection of fundamental rights. This study recommends strengthening the principle of privacy by design in technology system development and harmonizing sectoral regulations to create holistic privacy protection.