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) for the provisions with respect to the collection, use, or disclosure of Personal Data and the provisions with respect to the rights of data subjects including relevant penalties, the provisions of this Act shall apply additionally, regardless of whether they are repetitious with the above specific law;
(3) directors by position as five members consisting of the Permanent Secretary of the Prime Minister Office, the Secretary-General of the Council of State, the Secretary- General of the Consumer Protection Board, the Director-General of the Rights and Liberties Protection Department, and the Attorney General;
(4) two persons appointed by the National Human Rights Commission.
The provisions of paragraphs one, two, and three shall apply mutatis mutandis to the withdrawal of consent of the data subject, the notice given to the data subject, the exercise of rights of the data subject, the complaint of the data subject, and any other acts under this Act for the data subject who is a minor, an incompetent or quasi-incompetent person.
(6) the rights of the data subject under section 19 paragraph five, section 30 paragraph one, section 31 paragraph one, section 32 paragraph one, section 33 paragraph one, section 34 paragraph one, section 36 paragraph one, and section 73 paragraph one.
(1) it is for the achievement of the purpose relating to the preparation of the historical documents or the archives for public interest, or for the purpose relating to research or statistics, in which the suitable measures to safeguard the data subject's rights and freedoms are put in place and in accordance with the notification as prescribed by the Committee;
(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;
(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;
(b) public interest in public health, such as protecting against cross-border dangerous contagious disease or epidemics which may be contagious or pestilent, or ensuring standards or quality of medicines, medicinal products or medical devices, on the basis that there is a provision of suitable and specific measures to safeguard the rights and freedom of the data subject, in particular maintaining the confidentiality of Personal Data in accordance with the duties or professional ethics;
(c) employment protection, social security, national health security, social health welfare of the entitled person by law, the road accident victims protection, or social protection in which the collection of Personal Data is necessary for exercising the rights or carrying out the obligations of the Data Controller or the data subject, by providing the suitable measures to protect the fundamental rights and interest of the data subject;
(d) it is for the scientific, historical, or statistic research purposes, or other public interests which must be carried out only to the extent necessary to achieve such purposes, and the suitable measures have been provided to protect the fundamental rights and interest of the data subject as prescribed by the Committee;
(e) the substantial public interest, by providing the suitable measures to protect the fundamental rights and interest of the data subject.
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 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.
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.
(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) rights and methods for access to the Personal Data, including the conditions regarding the Person having the right to access the Personal Data and the conditions to access such Personal Data;
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.
The provisions in (3) may not apply to the Data Processor 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.
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.
(2) to create rights or carry out all kinds of juristic acts to bind upon properties, as well as to carry out any other juristic acts for the purpose of carrying out the Office’s operation;
