Tanggung Jawab Hukum Pelaku Usaha Jasa Keuangan Guna Mencegah Penyalahgunaan Data Pribadi Konsumen Kartu Kredit (Studi Pada BNI Kantor Cabang Utama USU Medan)

Abstract

The rapid development of financial services in Indonesia has given rise to various conveniences in transactions, one of which is credit cards. This widespread use of credit cards poses a risk of misuse of personal data, which can be detrimental to credit card holders. This thesis aims to identify the factors causing the misuse of personal data of credit card consumers, to understand the legal protection of personal data of BNI credit card consumers shared with third parties, and to determine the legal responsibilities of financial service providers to prevent the misuse of personal data of BNI credit card consumers. The research method used is normative and empirical law, using a statutory and conceptual approach. Primary data was obtained through interviews with BNI, while secondary data was collected through primary legal materials (legislation) and secondary legal materials (books, journals, and scientific articles). Data analysis was conducted qualitatively, drawing deductive conclusions. The results of the discussion indicate that the factors causing the misuse of personal data of credit card consumers are system security and security during data processing by employees. Furthermore, poor consumer digital literacy is also a contributing factor to the misuse of credit card customers’ personal data. Misuse of credit card customers’ personal data constitutes an Unlawful Act (PMH) by the bank as the credit card issuer, based on Article 1365 of the Civil Code, which states, “Every unlawful act that results in loss to another person, obliges the person causing the loss through their fault to compensate for that loss.” In protecting the personal data of credit card customers, BNI complies with Indonesian laws and regulations, such as Law No. 27/2022 concerning Personal Data Protection (PDP Law), Law No. 10/1998 concerning Banking, an” oth’r regulations. BNI also maintains an internal policy to protect the personal data of credit card customers. Bank liability in the event of misuse of credit card customers’ personal data applies the principle of limited liability. Financial Services Businesses are advised to maintain the confidentiality of credit card customers’ personal data, and consumers are advised to exercise caution when using credit cards for transactions.