Section 1 - This Act is called the "Personal Data Protection Act, B.E.2562 (2019)"Section 2 - This Act shall come into force on the day following the date of its publication in the Government Gazette, exceptSection 3 - In the event that there is any sector-specific law governing the protection of Personal Data in any manner, any businessSection 4 - This Act shall not apply to:Section 5 - This Act applies to the collection, use, or disclosure of Personal Data by a Data Controller or a Data ProcessorSection 6 - In this ActSection 7 - The Minister of Digital Economy and Society shall be in charge under this Act, and shall have the power to
Section 8 - There shall be a Personal Data Protection Committee, consisting of:Section 9 - There shall be a selection committee of eight members having the duty to select the appropriate persons who should beSection 10 - In selecting the Chairperson in section 8 (1) or the honorarySection 11 - The Chairperson and the honorary director shall have the qualifications, and shall not be under the following prohibited characteristics:Section 12 - The Chairperson and the honorary director shall hold office for a term of four years.Section 13 - In addition to vacating office upon the expiration of the term under section 12, the Chairperson and the honorary directorSection 14 - At a meeting of the Committee, the presence of not less than one-half of all the members is required toSection 15 - Any member who has a direct or indirect interest in the matter being considered in the meeting, shall inform theSection 16 - The Committee shall have the following duties and power:Section 17 - The Chairperson, the Vice-Chairperson, and Committee shall receive a meeting allowance and other benefits in accordance with the rules prescribedSection 18 - The Committee shall have the power to appoint sub-committees for considering or performing any act as prescribed by the Committee.
Part 1 - General Provisions
Section 19 - The Data Controller shall not collect, use, or disclose Personal Data, unless the data subject has given consent prior toSection 20 - In the event that the data subject is a minor who is not sui juris by marriage or has noSection 21 - The Data Controller shall collect, use, or disclose Personal Data according to the purpose notified to the data subject priorPart 2 - Personal Data Collection
Section 22 - The collection of Personal Data shall be limited to the extent necessary in relation to the lawful purpose of theSection 23 - In collecting the Personal Data, the Data Controller shall inform the data subject, prior to or at the time ofSection 24 - The Data Controller shall not collect Personal Data without the consent of the data subject, unless:Section 25 - The Data Controller shall not collect Personal Data from any other source, apart from the data subject directly, except where:Section 26 - Any collection of Personal Data pertaining to racial, ethnic origin, political opinions, cult, religious or philosophical beliefs, sexual behavior, criminalPart 3 - Use or Disclosure of Personal Data
Section 27 - The Data Controller shall not use or disclose Personal Data without the consent of the data subject, unless it isSection 28 - In the event that the Data Controller sends or transfers the Personal Data to a foreign country, the destination countrySection 29 - In the event that the Data Controller or the Data Processor who is in the Kingdom of Thailand has putSection 30 - The data subject is entitled to request access to and obtain copy of the Personal Data related to him orSection 31 - The data subject shall have the right to receive the Personal Data concerning him or her from the Data Controller.Section 32 - The data subject has the right to object the collection, use, or disclosure of the Personal Data concerning him orSection 33 - he data subject shall have the right to request the Data Controller to erase or destroy the Personal Data, orSection 34 - The data subject shall have the right to request the Data Controller to restrict the use of the Personal Data,Section 35 - The Data Controller shall ensure that the Personal Data remains accurate, up-to-date, complete, and not misleading.Section 36 - In the case where the data subject requests the Data Controller to act in compliance with section 35, if theSection 37 - The Data Controller shall have the following duties:Section 38 - The provisions of t h e representative designation in section 37 (5) shall not apply to the following Data Controller:Section 39 - The Data Controller shall maintain, at least, the following records in order to enable the data subject and the OfficeSection 40 - The Personal Data Processor shall have the following duties:Section 41 - The Data Controller and the Data Processor shall designate a data protection officer in the following circumstances:Section 42 - The data protection officer shall have the following duties:
Section 43 - There shall be an Office of the Personal Data Protection Committee, whose objectives are to protect Personal Data, encourage andSection 44 - In addition to the Office’s duty to carry out its operations to achieve the objectives as set out in sectionSection 45 - In carrying out the Office’s operation, apart from those stipulated under section 44, the Office shall also have the powerSection 46 - The fund and properties used in the Office’s business operations shall consist of the following:Section 47 - The immovable properties that the Office acquires by the purchase or exchange using the Office’s revenue in section 46 (4)Section 48 - There shall be a commission supervising the Office of Personal Data Protection Committee consisting of a Chairperson, who is selectedSection 49 - There shall be a selection committee of eight members, consisting of the persons appointed by the Committee, having the dutySection 50 - In selecting the Chairperson and the honorary director in section 48, the selection committee shall select the persons who haveSection 51 - The Chairperson and the honorary director in section 48 shall hold office for a term of four years.Section 52 - n the case where the Chairperson or the honorary director in section 48 vacates office before the expiration of theSection 53 - At a meeting of the commission supervising the Office of Personal Data Protection Committee, the presence of not less thanSection 54 - The Commission Supervising the Office of Personal Data Protection Committee shall have the following powers and duties:Section 55 - The commission supervising the Office of Personal Data Protection Committee shall have the power to appoint a sub-committee to performSection 56 - The Chairperson and members of the commission supervising the Office of Personal Data Protection Committee, advisers of the commission supervisingSection 57 - There shall be a Secretary-General who is appointed by the commission supervising the Office of Personal Data Protection Committee andSection 58 - A person to be appointed Secretary-General must have the qualifications as follows:Section 59 - Any person holding any of the following prohibiting characteristics shall not be Secretary-General:Section 60 - The Secretary-General shall hold office for each term of four years and may be reappointed. However, the Secretary-General shall notSection 61 - In each year, the performance of the Secretary-General shall be evaluated in accordance with the period and method prescribed bySection 62 - In addition to vacating office upon the expiration of the term in section 60, the Secretary-General shall vacate office upon:Section 63 - The Secretary-General shall have the following duties andSection 64 - In the Office’s affairs related to the third party, the Secretary-Section 65 - The commission supervising the Office of Personal Data Protection Committee shall be responsible for determining salary rate and other benefitsSection 66 - In the interests of administration of the Office, the Secretary- General may request a civil official, staff, officer, or employeeSection 67 - For the civil official or government official who is working in compensation for the scholarship granted to him or herSection 68 - Accounting of the Office shall be made in accordance with international standards according to the forms and rules prescribed bySection 69 - The Office shall prepare financial statements and accountingSection 70 - The Office shall prepare an annual operation report and submit to the commission supervising the Office of Personal Data Protection
Section 71 - The Committee shall appoint one or more expert committees based upon their field of expertise, or as the Committee deemsSection 72 - The expert committee shall have the following duties andSection 73 - The data subject has the right to file a complaint in the event that the Data Controller or the DataSection 74 - In the event that a complainant does not comply with the rules provided in section 73 paragraph two, or theSection 75 - The expert committee shall have the power to order any person to submit documents or information in connection with theSection 76 - In order to act in accordance with this Act , the Competent Officer shall have the following duties and power:
Part 1 - Criminal Liability
Section 79 - Any Data Controller who violates the provisions under section 27 paragraph one or paragraph two, or fails to comply withSection 80 - ny person who comes to know the Personal Data of another person as a result of performing duties under thisSection 81 - In the case where the offender who commits the offense under this Act is a juristic person and the offensePart 2 - Administrative Liability
Section 82 - Any Data Controller who fails to comply with section 23, section 30 paragraph four, section 39 paragraph one, section 41Section 83 - Any Data Controller who violates or fails to comply with section 21, section 22, section 24, section 25 paragraph one,Section 84 - Any Data Controller who violates section 26 paragraph one or three, or section 27 paragraph one or paragraph two, orSection 85 - Any Data Processor who fails to comply with section 41 paragraph one, or section 42 paragraph two or three, shallSection 86 - Any Data Processor who fails to comply with section 40 without appropriate reasons, or fails to send or transfer theSection 87 - Any Data Processor who send or transfer the Personal Data under section 26 paragraph one or three, by not complyingSection 88 - Any representative of the Data Controller or of the Data Processor who fails to comply with section 39 paragraph oneSection 89 - Any person who fails to act in compliance with the order given by the expert committee, or fails to provideSection 90 - The expert committee shall have the power to render the punishment a s an administrative fine prescribed in this Part.Section 91 - At the early stage, the Committee shall consist of committee members under section 8 (2) and (3), and the Secretary-GeneralSection 92 - A commission supervising the Office of the Personal Data Protection Committee shall be set up within ninety days from theSection 93 - The Office shall be set up in order to operate in accordance with this Act within one year from theSection 94 - At the early stages, the Cabinet shall allocate the initial budget for the Office as necessary.Section 95 - For Personal Data that has previously been collected by a Data Controller before the effective date o f this Act,Section 96 - The issuance of the regulations and notifications in accordance with this Act shall be completed within one year from the
(1) a Chairperson who is selected and appointed from persons having distinguished knowledge, skills, and experience in the field of Personal Data protection, consumer protection, information technology and communication, social science, law, health, finance, or any other field that must be relevant to, and useful for the protection of Personal Data;
shall be a Vice-Chairperson;
The rules and procedures on the selection of persons to be appointed as the Chairperson and honorary directors, including the selection of the Chairperson and honorary director to replace the Chairperson and the honorary director who vacates office before the expiration of the term under section 13, shall be as prescribed by the notification issued by the Cabinet by taking into account the transparency and fairness in the selection.
There shall be a selection committee of eight members having the duty to select the appropriate persons who should be appointed as the Chairperson in section 8(1) or the honorary director in section 8 (4), consisting of:
The selection committee shall select one member to act as the Chairperson of the selection committee and another one member to act as the Secretary of the selection committee and the Office shall perform the duty as the administrative unit of the selection committee.
No member of the section committee shall be entitled to be nominated as the Chairperson in section 8 (1) or the honorary director in section 8 (4).
In selecting the Chairperson in section 8 (1) or the honorary
director in section 8 (4), the selection committee shall select the persons who have qualifications in section 8 (1)or section 8 (4) as the case may be, including having the qualifications and no prohibited characteristics under section 11 and agree to be nominated for the selection in the same number as the number of Chairperson to be appointed in section 8 (1) or the number of the honorary director in to be appointed in section 8 (4).
After the Chairperson in section 8 (1) or the honorary director in section 8 (4) have been selected, the selection committee shall submit the name of Chairperson in section 8
(1) or the honorary director in section 8 (4) together with the evidence of qualifications and no prohibited characteristics as well as the consent of such persons to the Cabinet for the appointment as the Chairperson in section 8 (1) or the honorary director in section 8 (4).
The Prime Minister shall publish names of the Chairperson in section 8 (1) or honorary directors in section 8 (4) who are appointed by the Cabinet in the Government Gazette.
The Chairperson and the honorary director shall have the qualifications, and shall not be under the following prohibited characteristics:
The Chairperson and the honorary director shall hold office for a term of four years.
Upon the expiration of the term of office under paragraph one, if a new Chairperson or the honorary director has not yet been appointed, the Chairperson or the honorary director whose term of office has expired, shall be in office to continue to perform his or her duties until a new Chairperson or honorary director assumes his or her duties.
The Chairperson, or the honorary director, who vacates office upon the expiration of the term, may be reappointed, but shall not seat in his or her office for more than two terms.
In addition to vacating office upon the expiration of the term under section 12, the Chairperson and the honorary director vacates office upon:
section 11 In the case where the Chairperson or the honorary director vacates office before
the expiration of the term, the person appointed to replace the vacant office shall be in office for the remaining term of office of such vacated Chairperson or honorary director, except where the remaining term of office is less than ninety days, in which case the appointment of a new Chairperson or a new honorary director may not have to be made.
In the case where the Chairperson or the honorary director vacates office before the expiration of the term, the Committee shall consist of all existing members until a new Chairperson or a new honorary director is appointed, according to paragraph two, and in the case where the Chairperson vacates office before the expiration of the term, the Vice-Chairperson shall temporarily perform duties of the Chairperson.
The Chairperson shall preside over the meeting. In the case where the Chairperson does not attend the meeting, or is unable to perform the duties, the Vice-Chairperson shall act as a chairperson of the meeting. In the case where the Chairperson and the Vice- Chairperson do not attend the meeting, or are unable to perform the duties, the attending members shall elect one member among themselves to be the chairperson of the meeting.
A decision of the meeting shall be made by a majority of votes. Each member shall have one vote. In case of equal votes, the chairperson of the meeting shall have an additional vote as the decisive vote.
The Chairperson, the Vice-Chairperson, and Committee shall receive a meeting allowance and other benefits in accordance with the rules prescribed by the Cabinet.
The Chairperson of the sub-committees, the sub-committees, the Chairperson of the expert committee and expert committee appointed by the Committee shall receive a meeting allowance and other benefits in accordance with the rules prescribed by the Committee with approval of the Ministry of Finance.
There shall be a commission supervising the Office of Personal Data Protection Committee consisting of a Chairperson, who is selected and appointed from a person having distinguished knowledge, skills and experience in Personal Data protection, the Permanent Secretary of the Ministry of Digital Economy and Society, and the Secretary-General of Office of the National Digital Economy and Society Commission as directors, and six honorary directors which, at least three persons, are selected and appointed from persons having distinguished knowledge, skills and experience in Personal Data protection, and other related areas which will be useful for the operation of the Office.
The substances of section 11 and section 13 shall apply to the Chairperson and the honorary director of the Commission mutatis mutandis.
There shall be a selection committee of eight members, consisting of the persons appointed by the Committee, having the duty to select the appropriate persons who should be appointed as the Chairperson and the honorary director in section 48.
The selection committee shall select one member to act as the Chairperson of the selection committee and another one member to act as the Secretary of the selection committee and the Office shall perform the duty as the administrative unit of the selection committee.
No member of the Section Committee shall be entitled to be nominated as the Chairperson and the honorary director in section 48.
In selecting the Chairperson and the honorary director in section 48, the selection committee shall select the persons who have qualifications in section 48 paragraph one, including having the qualifications and no prohibited characteristics under section 48 paragraph three and agree to be nominated for the selection in the same number as the number of Chairperson and the honorary director to be appointed in section 48.
After the total number of Chairperson and the honorary director in section 48 have been selected, the selection committee shall submit the name of Chairperson and the honorary director in section 48 together with the evidence of qualifications and no prohibited characteristics as well as the consent of such persons to the Committee for the appointment as the Chairperson and the honorary director according to section 48.
The Committee shall publish names of the appointed Chairperson and the honorary directors in section 48 in the Government Gazette.
The Chairperson and the honorary director in section 48 shall hold office for a term of four years.
Upon the expiration of the term of office in paragraph one, the appointment of the new Chairperson and the new honorary director must be done within sixty days. If the new Chairperson or the new honorary director has not yet been appointed, the Chairperson or the honorary director whose term of office has expired, shall be in office to continue to perform his or her duties until the new appointed Chairperson or the honorary director assumes his or her duties.
The Chairperson, or the honorary director, who vacates office upon the expiration of the term, may be reappointed, but shall not seat in his or her office for more than two terms.
n the case where the Chairperson or the honorary director in section 48 vacates office before the expiration of the term, the commission supervising the Office of Personal Data Protection Committee shall consist of all the existing members until the new Chairperson or the new honorary director is appointed. In the case where the Chairperson vacates office before the expiration of the term, the Permanent Secretary of the Ministry of Digital Economy and Society shall temporarily perform the duties of the Chairperson.
The new Chairperson and honorary director shall be appointed to replace the vacant office within sixty days from the date of the vacant office and shall be in office for the remaining office term of the replaced person. If the remaining office term of the Chairperson and the honorary director is less than ninety days, the appointment of the new Chairperson or the new honorary director may not have to be made.
The Chairperson shall preside over the meeting. If the Chairperson does not attend the meeting, or is unable to perform the duties, the attending members shall elect one member among themselves to be the chairperson of the meeting.
A decision of the meeting shall be made by a majority of votes. Each member shall have one vote. In case of equal votes, the chairperson of the meeting shall have an additional vote as the decisive vote.
The Chairperson and members of the commission supervising the Office of Personal Data Protection Committee, advisers of the commission supervising the Office of Personal Data Protection Committee, Chairperson and members of the sub- committee appointed by the commission supervising the Office of Personal Data Protection Committee shall receive a meeting allowance or other benefits according to the rules prescribed by the Committee with the approval of the Ministry of Finance.
The orders of the expert committee shall be signed by the Chairperson of the expert committee.
At the early stage, the Committee shall consist of committee members under section 8 (2) and (3), and the Secretary-General shall be the committee member and secretary, who shall perform duties as necessary for the time being, but for not more than ninety days from the effective date of this Act. A Vice-Chairperson shall temporarily act as a Chairperson.
The Office shall manage to appoint a Chairperson under section 8 (1), and the honorary director under section 8 (4), within ninety days from the effective date of this Act.
A commission supervising the Office of the Personal Data Protection Committee shall be set up within ninety days from the date when the Chairperson and the honorary director are appointed in accordance with section 91.
