KONSTRUKSI TANGGUNG JAWAB PERDATA PLATFORM DIGITAL ATAS KEBOCORAN DATA PRIBADI AKIBAT KELALAIAN SISTEM KEAMANAN DALAM PERSPEKTIF PERBUATAN MELAWAN HUKUM

Abstract

The rapid development of digital technology has increased the use of digital platforms in society, accompanied by a growing risk of personal data breaches. Such data breaches may cause both material and immaterial losses to users. This study aims to analyze the construction, as well as the forms and limitations of civil liability of digital platforms for personal data breaches caused by negligence in security systems from the perspective of tort law.This research employs a normative legal method using statutory and conceptual approaches. The legal materials consist of primary, secondary, and tertiary sources, which are analyzed qualitatively.The results indicate that the civil liability of digital platforms can be constructed based on the elements of unlawful acts, namely act, fault, damage, and causal relationship. The forms of liability include compensation for material and immaterial damages, restitution, and guarantees of non-repetition. Meanwhile, the limitations of liability lie in proving fault, causal relationship, and the existence of limitation of liability clauses. Therefore, adaptive legal development is necessary to provide optimal protection for digital platform users