The agreement, signed on Tuesday, would allow prosecutors to access telecommunication recordings and enable data exchange for law enforcement purposes, the attorney-general’s office spokesman Harli Siregar told Reuters today.
“We have many fugitives and need technology to detect them,” Siregar said, referring to the agreement signed with the country’s largest telco company Telekomunikasi Indonesia and its unit Telekomunikasi Selular, as well as two other companies Indosat, and XLSMART Telecom Sejahtera.
The pacts, which would include mobile phones, are in accordance with a law passed in 2021 giving wiretapping authority to the attorney-general’s office, Siregar added.
Indonesia’s police and anti-graft agency are already able to use wiretapping, Wahyudi Djafar, an analyst focused on digital governance and public policy told Reuters.
But he said the new arrangement with the attorney-general’s office could allow prosecutors to use surveillance even on the grounds of suspicion without formal charges or legally named suspects in an investigation.
Djafar, who is the public policy director at Rakhsa Initiatives, an Indonesia-based think tank focused on digital governance and strategic security issues, said he feared the agreement could potentially widen the scope of wiretapping and lead to mass surveillance.
“There is no clear limitation on how the wiretap will be conducted and for how long and who can use the data,” he said, adding “the (AGO) office’s wiretapping power will be stronger than the police and anti-graft agency”.
The attorney-general’s office spokesman Siregar, responding to the privacy concerns, said the office will only wiretap fugitives.
When asked about the extent of the wiretapping powers, Siregar said the act would “not be done arbitrarily”.
Damar Juniarto, a board member at global rights group Amnesty International in Indonesia, said the wiretapping agreements would mean more state agencies doing surveillance, potentially further threatening civil liberties.
Indonesia’s presidential communication office did not immediately respond to a request for comment regarding the concerns about the impact of wiretapping laws on civil liberties.
Merza Fachys, a director at XLSMART, one of the telco companies, told Reuters that the attorney-general’s office is one of the state agencies allowed to wiretap, and ensures customer data would be safe.
A data protection law, passed in 2022, imposes corporate fines for mishandling customers’ data.
The biggest fine is 2% of a corporation’s annual revenue and could see their assets confiscated or auctioned off.