The Ministry of Communication and Digital Affairs (Komdigi) has emphasized that permission to take someone’s photo must be obtained before the photo is captured, not afterward or once it has been uploaded to any application.

This clarification comes amid public controversy over photographers taking pictures of people in public spaces, including individuals engaged in activities such as running or cycling.

Mediodecci Lustarini, Secretary of the Directorate General for Digital Space Supervision at Komdigi, explained that the core of the issue revolves around the matter of consent.
According to her, if the person being photographed explicitly agrees before the image is distributed or shared, then no legal issue arises.

“In the case of Fotoyu, however, the main problem lies in the lack of explicit consent before the data — in this case, the photo — was collected,” said Mediodecci during an interview in Jakarta on Friday (October 31, 2025).

She further elaborated that within the Fotoyu platform, user consent is embedded in the platform’s terms and conditions, which users agree to when creating an account or making a transaction.
However, she pointed out that such a mechanism violates the principles of personal data protection, which require clear and explicit consent prior to data processing.

“This is why discussions with photography associations and other stakeholders are necessary,” she added.
Mediodecci reiterated that authorization must be granted before the photo-taking and processing occur, not afterward.
In Fotoyu’s case, the photos were taken and processed first before consent was obtained.

She stated that Komdigi will conduct a more in-depth investigation into this case.
Although the ministry has not yet received any official report, it is actively monitoring the situation and the ongoing discussions within the public sphere.

The public is also encouraged to report any harm or losses experienced as a result of such practices.
At the same time, Komdigi will summon the platform operator to request clarification regarding its data-handling procedures and consent framework.

“We are taking a two-way approach,” Mediodecci concluded.
“On one hand, we are supervising Electronic System Providers (ESPs), and on the other, we are urging the public to be more aware of their personal data rights and privacy protection.”