Nowadays, many countries give importance to human privacy and personal space. From a legal point of view, our Personal Data is considered vital to our existence therefore it should be protected by the law of the country of our residence. Thailand is one of the countries that have enacted a law related to Personal Data Protection. However, Computer and Cyber Crimes are still prevalent and in order to protect yourself from such crimes, you need to know your rights.
In this article, we will be discussing how the Personal Data Protection Act B.E. 2562 protects the people and residence of Thailand or computer and cyber crimes related to Thailand and how will such law be beneficial to the people.
With reference to the Personal Data Protection Act B.E. 2562 (2019) (the “Act”) defines the meaning of personal data that any data related to an individual which enables either direct or indirect identification of the said individual. Furthermore, collecting, using, or disclosing personal data is prohibited unless it has given consent prior to or at the time of such collection, use, or disclosure.
A request for consent shall normally be explicitly made in a written statement, or via electronic methods. The Act further determines a person who has the power and duties to make decisions regarding the collection, use, or disclosure of personal data called the “Data Protection Officer”.
The Data Protection Officer has to inform the purpose of the collection, use, or disclosure of the personal data and such request shall;
Additionally, after granting consent to someone or an entity, the owner of such data may withdraw his or her consent at any time. The withdrawal of consent shall be as easy as giving consent unless there is a restriction of the withdrawal of consent by law or the contract which gives benefits to the data owner.
Currently, there are 6 events that the Act is not applicable for;
Thailand is one of the countries where Computer and Cyber Crimes still occur and with little to no protection, the people and some business and private entities are left vulnerable and susceptible to such crimes since the execution of the act was delayed until 1 June 2022. Here are some of the crimes related to Computer and Cyber Crimes in Thailand:
Even though the Thai government prolongs the execution of this Act to be on 1 June 2022, but any persons and juristic persons should prepare and try accessing the legal requirements under this Act because there are many clauses involved with civil and criminal liabilities. Any entities who wish to reckon and be advised on the data protection matter, we are pleased to serve your needs.