You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

August 22, 2023

Thailand Details Partial Exemption of Data Controllers’ Duties

Subscribe to Updates

On August 17, 2023, the Thai government rolled out a royal decree that provides certain exemptions to data controllers’ obligations under the Personal Data Protection Act B.E. 2562 (PDPA). The royal decree, which will come into effect after the lapse of 150 days from its publication in the Government Gazette, reflects the government’s ongoing quest to strike a balance between privacy, state interests, and the data protection regulatory burden on organizations.

The royal decree seeks to clarify the circumstances in which data controllers—including business operators and state agencies—are exempt from certain PDPA requirements on the collection, use, and disclosure of personal data and data subject rights. In doing so, it establishes three foundational pillars in considering exemptions:

  • Collection or requests for personal data are to be for the public interest pursuant to the purpose and scope prescribed by any law authorizing a state agency to carry out a certain action, without imposing an undue burden on the data controller responsible for disclosing the personal information.
  • Data controllers can share personal data without the data subject’s consent if legally authorized state agencies request it and specify the statutory provisions granting authority to request the data.
  • Data subjects and data controllers of requested personal data must have the right to submit complaints to the PDPA’s Expert Committee or seek its expertise for clarification or determination.

Under the three foundational pillars, data controllers will be partially exempted from certain requirements under the PDPA when the following state agencies request personal data:

  • The National Anti-Corruption Commission or other government entities with mandates aligned with anticorruption laws;
  • The Revenue Department, Customs Department, Excise Department, or other governmental units operating under taxation laws;
  • Local governmental bodies recognized by the Personal Data Protection Committee (PDPC), or any government unit with mandates as per the laws related to land and building taxation;
  • The Secretariat of the Cabinet, executing responsibilities as defined by the laws concerning the royal prerogatives of the monarch; and
  • State agencies acting in line with laws concerning significant public interests.

The exemption further extends to the collection, use, and disclosure of personal data by data controllers for international legal matters, covering deportation, extradition, and combating transnational organized crime.

Even with certain provisions exempted, the core duties of data controllers in ensuring data security and accuracy of personal data remain. Data controllers are still obligated to implement security standards meeting the criteria to be set forth by the PDPC within 120 days of publication of the royal decree in the Government Gazette. In certain circumstances, data controllers must also promptly act on a state agency’s instruction to correct and update data subjects’ personal data.

For more details on any aspect of compliance with Thailand’s data protection laws and regulations, please contact Tilleke & Gibbins data privacy specialists Nopparat Lalitkomon at [email protected] or Gvavalin Mahakunkitchareon at [email protected].

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

July 19, 2024
Tilleke & Gibbins has contributed the Cambodia, Myanmar, Thailand, and Vietnam chapters to How the Use of Artificial Intelligence Is Regulated in Southeast Asia, a comparative resource published by Drew Network Asia (DNA). The guide provides an accessible introduction to artificial intelligence (AI) and examines how ASEAN member states are approaching governance, regulation, and responsible deployment of AI technologies. The publication begins by outlining core AI concepts and summarizing the ASEAN Guide on AI Governance and Ethics, which reflects the region’s collective approach to promoting innovation while addressing risks. It then presents a comparative overview of nine ASEAN jurisdictions, highlighting emerging national strategies, regulatory developments, and institutional frameworks. Each country chapter responds to a consistent set of ten practical questions. These cover whether a national AI strategy has been issued; the extent to which dedicated AI laws or sectoral regulations apply; the existence of relevant judicial decisions; available guidelines and government support schemes; regulators responsible for AI oversight; approaches to liability, copyright, and data protection; and key considerations for organizations deploying AI technologies. By consolidating developments across the region, the guide serves as a useful reference for businesses exploring AI-related opportunities or compliance obligations in Southeast Asia. As regulatory approaches continue to evolve, readers seeking jurisdiction-specific advice are encouraged to contact the practitioners listed in each chapter. The full guide is available for download using the button below or directly from the DNA website.
Read More
July 10, 2024
The need for privacy and security has grown in tandem with the rapid proliferation of internet-enabled technologies. This is a major concern for consumers and individuals, and governments are increasingly mindful of online threats to their national security and their citizens. All of this represents an imposing challenge for companies—especially now that technology has enabled them to operate with relative ease across jurisdictions throughout the world.
Read More
July 5, 2024
The landscape of intellectual property (IP) has transformed alongside advancements in technology, transitioning from traditional methods to modern online approaches. A growing number of IP infringers are moving their illegal activities to the online sphere, particularly through the sale of counterfeit goods on their websites, social media, or e-commerce platforms. In response to these shifting pressures, Thailand implemented the Computer-Related Crime Act B.E. 2550 (CCA) on July 18, 2007, and amended it in 2017, aiming to enhance the effectiveness of combating online infringement by empowering government officials to request that the court block computer data (called “website-blocking”) that infringes upon other parties’ intellectual property rights, as per section 20(3) of the CCA. From 2018 to May 2024, Thailand’s Criminal Court and Central Intellectual Property and International Trade Court have issued 53 orders to block more than 1,779 infringing URLs. One significant recent development is the Criminal Court’s establishment of the Technology Crime Division, which has been operating since April 1, 2024. Its purpose is to address criminal offenses that occur through electronic means, which should then be handled in an effective and prompt manner by judges who have expertise on technological crimes. In addition, several current measures to combat technology crime, including section 20(3) of the CCA, require court orders for the prevention of electronic criminal offenses or online infringement. The Technology Crime Division has the jurisdiction to consider and grant these orders, which will help expedite the approval process and ensure review by specialized judges. Scope of the Technology Crime Division The announcement of the establishment of the Technology Crime Division within the Criminal Court was published in the Government Gazette on March 18, 2024, with operations commencing on April 1, 2024. The Technology Crime Division is empowered to: Consider and adjudicate technology crime cases, except cases falling
Read More
July 4, 2024
The rapid development and deployment of artificial intelligence in various industries is increasingly attracting the attention of regulators, who aim to encourage the progression of AI technologies while ensuring their responsible use. Recent regulatory developments around the world, including in the European Union and Southeast Asia, serve as evidence of this emerging trend. Here we shall discuss the effect of AI regulatory approaches in the  EU on Southeast Asian countries. Approach and Action The EU Artificial Intelligence Act has been officially adopted by EU colegislators and will enter into force 20 days after its publication in the EU Official Journal.[1] Most of its provisions will apply two years after its entry into force. The act establishes a harmonized EU legal framework, aiming at ensuring that AI systems placed on and utilized in the EU market are safe, have managed risks, and are aligned with EU fundamental rights and values. Countries in Southeast Asia, predominantly governed by civil law systems, often adopt statutory frameworks similar to those in the EU when addressing new legal matters. In the rapidly developing field of AI, Southeast Asian countries are adopting a wait-andsee approach toward global regulatory trends. This cautious stance allows them to observe and analyze international developments in AI regulation before crafting their own frameworks. Compared to the EU, countries in Southeast Asia are generally more focused on using AI for national development. Common themes include building human resource capability, developing ecosystems and building infrastructure. Some countries emphasize governance and ethics more than others. Over the past five years, governments across Southeast Asia have been focusing on promoting AI by implementing national policies to strengthen AI promotion and governance. While there may be less regional integration in the approach to AI of countries in Southeast Asia, there are some efforts to create
Read More