Liability for Personal Data Leakage of Fintech Consumer by Islamic Economic Law Perspective

This research is written because of the Electronic Information and Transactions Acts (UU ITE) No. 19 of 2016 Article 26 Paragraph (1) that the use of consumer personal data must be with the consent of the data owner, in its implementation there is often the use of consumer data by third parties without the owner's consent, such as the case of the Tokopedia data leak. However, there has been no settlement or civil liability carried out by parties proven to have violated the rules. This problem can be examined from the perspective of Islamic Economic Law because the development of fintech is not only in the conventional form but also in sharia form. This study aims to determine who is responsible for the leakage of consumer data and how the form of accountability takes. This research is a normative juridical method. The results reveal if there is a data leak, the fintech company is obliged to take responsibility by being responsible for errors. Meanwhile, in Islamic Economic Law, data leakage is called Al-fi'lu Al-dharar that cause dhamân or ta'widh. Because the data leak contains an element of error, the form of responsibility is to provide ta'widh to the injured party.