The exceptions to apply all or parts of the provisions of this Act to any Data Controller in any manner, business or entity, in a similar manner to the Data Controller in paragraph one, or for any other public interest purpose, shall be promulgated in the form of the Royal Decree.

The Data Controller under paragraph one (2), (3), (4), (5), and (6) and the Data Controller of the entities that are exempted under the Royal Decree in accordance with paragraph two shall also put in place a security protection of Personal Data in accordance with the standard.

This Act applies to the collection, use, or disclosure of Personal Data by a Data Controller or a Data Processor that is in the Kingdom of Thailand, regardless of whether such collection, use, or disclosure takes place in the Kingdom of Thailand or not.

In the event that a Data Controller or a Data Processor is outside the Kingdom of Thailand, this Act shall apply to the collection, use, or disclosure of Personal Data of data subjects who are in the Kingdom of Thailand, where the activities of such Data Controller or Data Processor are the following activities:

“Data Controller” means a Person or a juristic person having the power and duties to make decisions regarding the collection, use, or disclosure of the Personal Data;

“Data Processor” means a Person or a juristic person who operates in relation to the collection, use, or disclosure of the Personal Data pursuant to the orders given by or on behalf of a Data Controller, whereby such Person or juristic person is not the Data Controller;

(6) to announce and establish guidance for the protection of Personal Data as guidelines which the Data Controller and the Data Processor shall comply;

The Data Controller shall not collect, use, or disclose Personal Data, unless the data subject has given consent prior to or at the time of such collection, use, or disclosure, except the case where it is permitted to do so by the provisions of this Act or any other laws.

In requesting consent from the data subject, the Personal Data Controller shall also inform the purpose of the collection, use, or disclosure of the Personal Data. Such request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an easily accessible and intelligible form and statements, using clear and plain language, and

does not deceptive or misleading to the data subject in respect to such purpose. In this regard, the Committee may require the Data Controller to request for data subject's consent in accordance with the form and statements as prescribed by the Committee.

In requesting consent from the data subject, the Data Controller shall utmost take into account that the data subject's consent is freely given. Also, the entering into the contract, including any provisions of the service shall not be a condition to obtaining consent for the collection, use, or disclosure of Personal Data that is not necessary or not related to such contract entering, including the provisions of the service.

In the event that the withdrawal of consent will affect the data subject in any manner, the Data Controller shall inform the data subject of such consequences of consent's withdrawal.

The request for the data subject’s consent which is not in accordance with those prescribed in this Chapter shall have no binding effect on the data subject and shall no longer enable the Data Controller to collect, use, or disclose the Personal Data.

The Data Controller shall collect, use, or disclose Personal Data according to the purpose notified to the data subject prior to or at the time of such collection.

The collection of Personal Data shall be limited to the extent necessary in relation to the lawful purpose of the Data Controller.

In collecting the Personal Data, the Data Controller shall inform the data subject, prior to or at the time of such collection, of the following details, except the case where the data subject already knows of such details:

(5) information, address, and the contact channel details of the Data Controller, where applicable, of the Data Controller's representative or data protection officer;

The Data Controller shall not collect Personal Data without the consent of the data subject, unless:

(4) it is necessary for the performance of a task carried out in the public interest by the Data Controller, or it is necessary for the exercising of official authority vested in the Data Controller;

(5) it is necessary for legitimate interests of the Data Controller or any other Persons or juristic persons other than the Data Controller, except where such interests are overridden by the fundamental rights of the data subject of his or her Personal Data;

(6) it is necessary for compliance with a law to which the Data Controller is

The Data Controller shall not collect Personal Data from any other source, apart from the data subject directly, except where:

(1) the Data Controller has informed the data subject of the collection of Personal Data from other source without delay, but shall not exceed thirty days upon the date of such collection, and has obtained the consent from the data subject;

(2) the Data Controller can prove that the notice of such new purposes or information details is impossible or will obstruct the use or disclosure of the Personal Data, in particular for achieving the purposes in relation to scientific, historical, or statistical research purposes. In such cases, the Data Controller shall take suitable measures to protect the data subject 's rights, freedoms and interests;

(4) the Data Controller is aware of or acquires such Personal Data from his or her duty or occupation or profession, and shall maintain new purposes or certain information details as prescribed in section 23 with confidentiality as required by law.

To notify the information detailed in paragraph two, the Data Controller shall provide such information to the data subject within thirty days after the date of collection such of Personal Data, unless the Personal Data are to be used for communication with the data subject, the notice of information details shall be provided at the time of the first communication to that data subject. If a disclosure to another Person is envisaged, the notice of information details shall be provided prior to the time of the first disclosure.

In the case of the collection of the Personal Data relating to criminal record, such collection shall be carried out under the control of authorized official authority under the law, or the data protection measure has been implemented according to rules prescribed by the Committee.

The Data Controller shall not use or disclose Personal Data without the consent of the data subject, unless it is the Personal Data which is collected without requirement of consent under section 24 or section 26.

The Person or juristic person who obtains Personal Data as a result of the disclosure under paragraph one shall not use or disclose such Personal Data for any purpose other than the purpose previously notified to the Data Controller in the request to obtain such Personal Data.

In the event that the Data Controller uses or discloses the Personal Data which is exempted from consent requirement in paragraph one, the Data Controller shall maintain a record of such use or disclosure in the record under section 39.

In the event that the Data Controller sends or transfers the Personal Data to a foreign country, the destination country or international organization that receives such Personal Data shall have adequate data protection standard, and shall be carried out in accordance with the rules for the protection of Personal Data as prescribed by the Committee in section 16(5), except in the following circumstances:

(4) where it is for compliance with a contract between the Data Controller, and other Persons or juristic persons for the interests of the data subject;

In the event that the Data Controller or the Data Processor who is in the Kingdom of Thailand has put in place a Personal Data protection policy regarding the sending or transferring of Personal Data to another Data Controller or Data Processor who is in a foreign country, and is in the same affiliated business, or is in the same group of undertakings, in order to jointly operate the business or group of undertakings. If such Personal Data protection policy has been reviewed and certified by the Office, the sending or transferring of Personal Data to a foreign country, which is in accordance with such reviewed and certified Personal Data protection policy, can be carried out and shall be exempt from compliance with section 28.

In the absent of a decision by the Committee in accordance with section 28, or the Personal Data protection policy referred in paragraph one, the Data Controller or the Data Processor may send or transfer the Personal Data to a foreign country in exemption to compliance with section 28, if the Data Controller or the Data Processor provides suitable protection measures which enable the enforcement of the data subject’s rights, including effective legal remedial measures according to the rules and methods as prescribed and announced by the Committee.

The data subject is entitled to request access to and obtain copy of the Personal Data related to him or her, which is under the responsibility of the Data Controller, or to request the disclosure of the acquisition of the Personal Data obtained without his or her consent.

The Data Controller shall perform as requested in paragraph one. The request can be rejected only where it is permitted by law or pursuant to a court order, and such access and obtaining a copy of the Personal Data would adversely affect the rights and freedoms of others.

In the case that the Data Controller rejects the requests in paragraph one, the Data Controller shall record its rejection together with supporting reasons in the record as prescribed in section 39.

When the data subject makes a request as in paragraph one, and such request cannot be rejected based on the reasons in paragraph two, the Data Controller shall fulfill the request without delay, but shall not exceed thirty days from the date of receiving such request.

The data subject shall have the right to receive the Personal Data concerning him or her from the Data Controller. The Data Controller shall arrange such Personal Data to be in the format which is readable or commonly used by ways of automatic tools or equipment, and can be used or disclosed by automated means. The data subject is also entitled to:

(1) request the Data Controller to send or transfer the Personal Data in such formats to other Data Controllers if it can be done by the automatic means;

(2) request to directly obtain the Personal Data in such formats that the Data Controller sends or transfers to other Data Controllers, unless it is impossible to do so because of the technical circumstances.

The exercise of rights of the data subject in paragraph one shall not apply to the sending or transferring of Personal Data by the Data Controller which is the performance of a task carried out in the public interest, or for compliance with law, or such exercise of rights shall not violate the rights and freedoms of others. In the event that the Data Controller rejects the request by such reasons, the Data Controller shall make a record of such rejection of the request together with reasons in the record as prescribed in section 39.

(1) Where the Personal Data is collected with the exemption to consent requirements under section 24 (4) or (5), unless the Data Controller can prove that:

(3) the collection, use, or disclosure of the Personal Data for the purpose of scientific, historical or statistic research, unless it is necessary to performance of a task carried out for reasons of public interest by the Data Controller.

In the event that the data subject exercises his or her right to object in paragraph one, the Data Controller shall no longer be able to collect, use, or disclose such Personal Data, and the Data Controller shall immediately distinguish such personal data clearly from the other matters at the time when the data subject gives the notice of objection to the Data Controller.

In the event that the Data Controller rejects the objection by the reasons in (1)

he data subject shall have the right to request the Data Controller to erase or destroy the Personal Data, or anonymize the Personal Data to become the anonymous data which cannot identify the data subject, where the following ground applies:

(2) the data subject withdraws consent on which the collection, use, or disclosure is based on, and where the Data Controller has no legal ground for such collection, use, or disclosure;

(3) the data subject objects to the collection, use, or disclosure of the Personal Data referred in Section 32 (1), and the Data Controller cannot reject to such request as referred in section 32 (1) (a) or (b), or where the data subject exercise his or her right to object as referred in section 32 (2);

Where the Data Controller has made the Personal Data disclose to public and is requested to erase or destroy the Personal Data, or make the Personal Data become the anonymous data which cannot identify the data subject pursuant to paragraph one, the Data Controller shall be responsible for the course of action, both the implementation of technology and the expenses to fulfil the request, and inform other Data Controllers in order to obtain their responses regarding the action to be taken to fulfil such request.

In the event that the Data Controller does not take action in accordance with paragraph one or three, the data subject shall have the right to complain to expert committee to order the Data Controller to take such action.

The data subject shall have the right to request the Data Controller to restrict the use of the Personal Data, where the following applies:

(1) when the Data Controller is pending examination process in accordance with the data subject's request pursuant to section 36;

(4) when the Data Controller is pending verification with regard to section 32 (1), or pending examination with regard to

In the event that the Data Controller does not take action in accordance with paragraph one, the data subject shall have the right to complain to expert committee to order the Data Controller to take such action.

The Data Controller shall ensure that the Personal Data remains accurate, up-to-date, complete, and not misleading.

In the case where the data subject requests the Data Controller to act in compliance with section 35, if the Data Controller does not take action regarding the request of the data subject, the Data Controller shall record such request of the data subject together with reasons, in the record as prescribed in section 39.

The Data Controller shall have the following duties:

(2) in the circumstance where the Personal Data is to be provided to other Persons or legal persons, apart from the Data Controller, the Data Controller shall take action to prevent such person from using or disclosing such Personal Data unlawfully or without authorization;

(4) notify the Office of any Personal Data breach without delay and, where feasible, within 72 hours after having become aware of it, unless such Personal Data breach is unlikely to result in a risk to the rights and freedoms of the Persons. If the Personal Data breach is likely to result in a high risk to the rights and freedoms of the Persons, the Data Controller shall also notify the Personal Data breach and the remedial measures to the data subject without delay. The notification and the exemption to the notification shall be made in accordance with the rules and procedures set forth by the Committee;

(5) in the event of being the Data Controller pursuant to section 5 paragraph two, the Data Controller shall designate in writing a representative of the Data Controller who must be in the Kingdom of Thailand and be authorized to act on behalf of the Data Controller without any limitation of liability with respect to the collection, use or disclosure of the Personal Data according to the purposes of the Data Controller.

The provisions of t h e representative designation in section 37 (5) shall not apply to the following Data Controller:

(1) the Data Controller which is a public authority as prescribed and announced by the Committee;

(2) the Data Controller which engages in the profession or business of collecting, using, or disclosing Personal Data, that does not have the nature pursuant to section 26, and does not have a large amount of Personal Data as prescribed by the Committee in section 41 (2).

In the event that the Data Controller in section 5 paragraph two has a Data Processor, the provisions of section 37 (5) and the provisions in paragraph one shall apply to such Data Processor mutatis mutandis.

The Data Controller shall maintain, at least, the following records in order to enable the data subject and the Office to check upon, which can be either in a written or electronic form:

(3) details of the Data Controller;

Controller under section 5 paragraph two mutatis mutandis.

The provisions in (1), (2), (3), (4), (5), (6) and (8) may not apply to the Data Controller who is a small organization pursuant to the rules as prescribed by the Committee, unless the collection, use, or disclosure of such Personal Data is likely to result in a risk to the rights and freedoms of data subjects, or not a business where the collection, use, or disclosure of the Personal Data is occasional, or involving in the collection, use, or disclosure of the Personal Data pursuant to section 26.

(1) carry out the activities related to the collection, use, or disclosure of Personal Data only pursuant to the instruction given by the Data Controller, except where such instruction is contrary to the law or any provisions regarding Personal Data protection under this Act;

(2) provide appropriate security measures for preventing unauthorized or unlawful loss, access to, use, alteration, correction or disclosure, of Personal Data, and notify the Data Controller of the Personal Data breach that occurred;

The Data Processor, who fails to comply with (1) for the collection, use, or disclosure of the Personal Data, shall be regarded as the Data Controller for the collection, use, or disclosure of such Personal Data.

In carrying out the activities in accordance with the Data Processor's obligations as assigned by the Data Controller under paragraph one, the Data Controller shall prepare an agreement between the parties to control the activities carried out by the Data Processor to be in accordance with the Data Processor's obligations for compliance with this Act.

The Data Controller and the Data Processor shall designate a data protection officer in the following circumstances:

(1) the Data Controller or the Data Processor is a public authority as prescribed and announced by the Committee;

(2) the activities of the Data Controller or the Data Processor in the collection, use, or disclosure of the Personal Data require a regular monitoring of the Personal Data or the system, by the reason of having a large number of Personal Data as prescribed and announced by the Committee;

(3) the core activity of the Data Controller or the Data Processor is the collection, use, or disclosure of the Personal Data according to section 26. In the event that the Data Controller or the Data Processor are in the same affiliated business or are in the same group of undertakings, in order to jointly operate the business or group of undertakings as prescribed and announced by the Committee according to section 29 paragraph two, such Data Controller or Data Processor may jointly designate a data protection officer. In this regard, each establishment of the Data Controller or the Data Processor in the same affiliated business or in the same group of undertakings must be able to easily contact the data protection officer.

The provisions in paragraph two shall apply to the Data Controller or the Data Processor who is a public authority in (1) that is large in size or has several establishments mutatis mutandis.

In the event that the Data Controller or the Data Processor in paragraph one has to designate the representative according to section 37 (5), the provisions in paragraph one shall apply to the representative mutatis mutandis.

The Data Controller and the Data Processor shall have an obligation to provide the information of the data protection officer, contact address, and contact channels to the data subject and the Office. The data subject shall be able to contact the data protection officer with respect to the collection, use, or disclosure of the Personal Data and the exercise of rights of the data subject under this Act.

The personal data protection officer may be a staff of the Data Controller or the Data Processor, or a service provider under the contract with the Data Controller or the Data Processor.

(1) give advices to the Data Controller or the Data Processor, including the employees or service providers of the Data Controller or of the Data Processor with respect to compliance with this Act;

(2) investigate the performance of the Data Controller or the Data Processor, including the employees or service providers of the Data Controller or of the Data Processor with respect to the collection, use, or disclosure of the Personal Data for compliance with this Act;

(3) coordinate and cooperate with the Office in the circumstance where there are problems with respect to the collection, use, or disclosure of the Personal Data undertaken by the Data Controller or the Data Processor, including the employees or service providers of the Data Controller or of the Data Processor with respect to the compliance with this Act;

The Data Controller or the Data Processor shall support the data protection officer in performing the tasks by providing adequate tools or equipment as well as facilitate the access to the Personal Data in order to perform the duties.

The Data Controller or the Data Processor shall not dismiss or terminate the data protection officer’s employment by the reason that the data protection officer performs his or her duties under this Act. In the event that there is any problem when performing the duties, the data protection officer must be able to directly report to the chief executive of the Data Controller or the Data Processor.

The data protection officer may be able to perform other duties or tasks but the Data Controller or the Data Processor must warrant to the Office that such duties or tasks are not against or contrary to the performance of the duties under this Act.

(8) to establish course outlines and provide training of the performance of the Data Controller, Data Processor, data protection officer, employees, service providers, or the people in general;

(4) to control the administration and operation of the Office and the Secretary-General to be in accordance with this Act and other related laws;

(2) investigate any act of the Data Controller or the Data Processor, including the employees or the contractors of the Data Controller or the Data Processor in connection with the Personal Data that causes damage to the data subject;

The data subject has the right to file a complaint in the event that the Data Controller or the Data Processor, including the employees or the service providers of the Data Controller or the Data Processor violates or does not comply with this Act, or notifications issued in accordance with this Act.

(1) for the Data Controller or the Data Processor to perform, or rectify their act within the specified period of time;

(2) to prohibit the Data Controller or the Data Processor from carrying out an act which causes damage to the data subject, or for the Data Controller to carry out any act to cease the damage within the specified period of time;

In the event that the Data Controller or the Data Processor does not comply with the orders provided under paragraph three (1) or (2), the provisions in connection with administrative enforcement under the law on administrative procedure shall be applied mutatis mutandis. In the event that the properties of the Data Controller or the Data Processor are to be seized, attached, or sold by auction, as required by the law on administrative procedure, the expert committee shall have the power to order such seizure, attachment, and sale by auction for such purpose.

(1) request the Data Controller, the Data Processor, or any person in writing, to provide information or submit any documents or evidence in connection with the actions or offenses under this Act;

(2) investigate and collect facts, and report to the expert committee in the event that the Data Controller, the Data Processor, or any person, has committed an offense or caused damage due to their violation of or non-compliance with this Act or notifications issued in accordance with this Act.

In carrying out the duty in (2), if there is a necessity to protect the benefits of the data subject or for public's interest, the Competent Officer shall file a compliant to the competent court to issue an order granting permission to the Competent Officer to enter the premises of the Data Controller, or any person involved in the offense under this Act, during the interval between sunrise and sunset or during the business hours of such premises, to investigate and collect facts, seize, or attach documents, evidence, or any other items related to the offense, or which has a cause to believe that they are used to commit such offense.

The Data Controller or the Data Processor, whose operation in relation to Personal Data violates or fails to comply with the provisions of this Act which causes damages to the data subject, shall compensate the data subject for such damages, regardless of whether such operation is performed intentionally or negligently, except where the Data Controller or the Data Processor can prove that such operation was a result of:

The court shall have the power to order the Data Controller or the Data Processor to pay punitive damages in addition to the actual compensation rendered

by the court as deems fit, but shall not exceeding two times of such actual compensation amount, by taking into account the relating circumstances such as the severity of damages incurred by the data subject, the interest obtained by the Data Controller or the Data Processor, the financial status of the Data Controller or the Data Processor, remedy provided by the Data Controller or the Data Processor, or the data subject’s act in contributing to cause the damages.

The claim for compensation from the wrongful act against the Personal Data under this Act shall be barred by prescription after the lapse of three years from the date that the injured person know of the damages and the identity of the Data Controller or the Data Processor who is to be liable, or after ten years from the date of which the wrongful act against the Personal Data took place.

Any Data Controller who violates the provisions under section 27 paragraph one or paragraph two, or fails to comply with section 28, which relates to the Personal Data under section 26 in a manner that is likely to cause other person to suffer any damage, impair his or her reputation, or expose such other person to be scorned, hated, or humiliated, shall be punished with imprisonment for a term not exceeding six months, a fine not exceeding Baht five hundred thousand, or both.

Any Data Controller who violates the provisions under section 27 paragraph one or paragraph two, or fails to comply with section 28, which relates to the Personal Data under section 26 in order to unlawfully benefit himself or herself, or another person, shall be punished with imprisonment for a term not exceeding one year, a fine not exceeding Baht one million, or both.

Any Data Controller who fails to comply with section 23, section 30 paragraph four, section 39 paragraph one, section 41 paragraph one, or section 42 paragraph two or paragraph three, or fails to obtain consent using a form or statement set forth by the Committee under section 19 paragraph three, or fails to notify the impact of the withdrawal of consent under section 19 paragraph six, or fails to comply with section 23 which applies mutatis mutandis according to section 25 paragraph two, shall be punished with an administrative fine not exceeding Baht one million.

Any Data Controller who violates or fails to comply with section 21, section 22, section 24, section 25 paragraph one, section 27 paragraph one or two, section 28, section 32 paragraph two, or section 37, or who obtains consent by deceiving or misleading the d ata subject about the purposes, or fails to comply with section 21 which applies mutatis mutandis according to section 25 paragraph two, or fails to send or transfer the Personal Data in accordance with section 29 paragraph one or paragraph three, shall be punished with an administrative fine not exceeding Baht three million.

Any Data Controller who violates section 26 paragraph one or three, or section 27 paragraph one or paragraph two, or section 28 in relation to the Personal Data under section 26, or fails to send or transfer the Personal Data under section 26 to be in accordance with section 29 paragraph one or paragraph three, shall be punished with an administrative fine not exceeding Baht five million.

Any representative of the Data Controller or of the Data Processor who fails to comply with section 39 paragraph one which applies mutatis mutandis according to section 39 paragraph two, and section 41 paragraph one which applies mutatis mutandis according to section 41 paragraph four, shall be punished with an administrative fine not exceeding Baht one million.

In determining whether to issue an order to impose an administrative fine, the expert committee shall take into consideration the severity of the circumstances of the act of offense, size of the business of the Data Controller or the Data Processor, or other circumstances according to the rules prescribed by the Committee.

For Personal Data that has previously been collected by a Data Controller before the effective date o f this Act, the Data Controller shall be entitled to continue to collect and use such Personal Data for the original purposes. However, the Data Controller shall prepare and publicize a consent withdrawal method to facilitate the data subject, who does not wish the Data Controller to continue collecting and using his or her Personal Data, to notify his or her withdrawal of consent easily.