The “Catch-all” Policy in Thailand
Thailand’s Constitution generally recognizes the principle of privacy protection. It states that “a person shall have the right to privacy,” and “any act which wrongfully violates or affects the rights … or utilization of personal data in any way is prohibited.” In addition, a number of sector-specific statutes impose personal data protection requirements on parties operating within the telecommunications, securities, banking, and other industries.
What Is “Consent” in Thailand?
In determining which types of implied consent are effectively sufficient, factors such as the timing of the consent provision, the person to whom consent is given, or the elements of fraud, deception, or misrepresentation, if any, are considered among other related circumstances.
Another key concern is the effectiveness of catch-all provisions, which could fall within the ambit of Thailand’s Unfair Contract Terms Act. If catch-all provisions are considered as unfair by the Thai courts (i.e., they impose an excessive burden which is more than a reasonable person could have anticipated), the Unfair Contract Terms Act enables the courts to intervene by voiding or limiting any unfair terms.
The Importance of Review