The Personal Data Protection Act (PDPA) stems from principles aligned with the General Data Protection Regulation (GDPR) of the European Union, which serves as a significant model in the field of personal data protection. Both laws aim to establish standards to prevent unauthorized access to personal data or its misuse, which could infringe individual rights. Examples of such misuse include data hacking or coercion to extract benefits from either data owners or data controllers. The PDPA was developed to address the need for personal data protection in Thailand, emphasizing both the security and privacy of data in an era where technology plays an integral role in everyday life.
Today, violations of personal data privacy rights have become increasingly common, causing inconvenience, annoyance, or even harm to the owners of personal data. The advancement of technology has made it easier and faster to collect, use, or disclose personal data, potentially leading to damage in various sectors such as services, public health, or industries. This issue also has broader economic repercussions. Recognizing the importance of personal data protection, Trinity & Colegal Co., Ltd. is deeply committed to raising awareness about this critical topic. To contribute to the understanding of the matter, we are pleased to share a clear and straightforward explanation of the Personal Data Protection Act (PDPA) and its significance for everyone. Through this effort, we aim to encourage responsible data handling practices and foster a culture of privacy and trust in the digital era.
1. What is the Personal Data Protection Act, B.E. 2562, and Why is it Important ?
The Personal Data Protection Act, B.E. 2562 (PDPA) is a law designed to safeguard the personal data of individuals, ensuring that such data is handled securely and fairly. This legislation sets out clear guidelines, mechanisms, and measures to regulate personal data protection. It serves as a general framework that organizations must comply with to protect the rights of data subjects and to prevent data from being misused or exploited in ways that violate those rights.
Under Section 6 of the PDPA, the key stakeholders involved in personal data protection are defined as follows:
- Data Subject: Refers to individuals whose personal data is being processed, such as customers or employees. This data may include names, phone numbers, email addresses, and other information that can identify the person.
- Data Controller: Refers to a person or entity that determines the purposes and means of collecting, using, or disclosing personal data. Examples include public or private organizations that collect data from customers or users.
- Data Processor: Refers to a person or entity that processes personal data on behalf of the data controller, such as companies providing cloud services.
2. Why is Personal Data Protection Important for Private Companies?
Personal data protection is crucial for private organizations because the personal data they collect from customers and employees is a valuable asset. Mishandling or violating data privacy not only leads to legal consequences but also undermines the trust and reputation of the organization.
Careless data management increases the likelihood of privacy breaches, especially in today’s technological landscape, where data can be accessed and misused quickly and easily. This can lead to economic repercussions and a loss of customer trust.
The PDPA imposes strict penalties on organizations that fail to comply or violate its provisions, including lawsuits from data subjects or sanctions from regulatory authorities. Therefore, it is essential for organizations to prioritize personal data protection to mitigate these risks. Moreover, demonstrating a commitment to data protection reflects transparency and accountability, fostering trust among consumers and business partners.
Examples of Personal Data
Personal data refers to any information that can directly or indirectly identify an individual. Examples include:
Data Minimalism is a principle that focuses on collecting only the most essential data necessary.
The collection, use, or disclosure of personal data is considered lawful when it complies with any of the following principles:
- Compliance with the law.
- Necessity for the performance of a task carried out in the public interest or in the exercise of official authority.
- Necessity for the performance of a contract.
- To prevent or mitigate harm to the life, body, or health of an individual.
- Necessity for the legitimate interests of the data controller.
- Obtaining consent from the data subject.
- For purposes related to the creation of historical records or archives for the public interest, or for purposes related to research or statistics.
The collection, use, or disclosure of personal data is considered lawful when it complies with any of the following principles:
- Compliance with the law.
- Necessity for the performance of a task carried out in the public interest or in the exercise of official authority.
- Necessity for the performance of a contract.
- To prevent or mitigate harm to the life, body, or health of an individual.
- Necessity for the legitimate interests of the data controller.
- Obtaining consent from the data subject.
- For purposes related to the creation of historical records or archives for the public interest, or for purposes related to research or statistics.
Recommendations for Entrepreneurs and Organizations
If you are an entrepreneur or a representative of an organization that handles personal data, ensuring compliance with the PDPA is of utmost importance. As Thailand has already enforced this law, failure to comply may result in severe penalties, including civil, criminal, and administrative consequences.
Therefore, if your organization collects, processes, uses, or manages personal data, it is essential to take appropriate and urgent measures to comply with the PDPA. Doing so will help mitigate the risk of legal repercussions and ensure alignment with the legal requirements.
Benefits of the Personal Data Protection Act (PDPA)
Government and Private Organizations:
- Enhances confidence in the standards for storing, using, or disseminating personal data at an international level.
- Establishes clear boundaries for the collection, use, or disclosure of personal data.
- Ensures transparency, accountability to society, and traceability in personal data processing activities.
Individuals:
- Provides clarity on the purpose of collecting, using, or disclosing personal data.
- Grants the right to request deletion, destruction, or suspension of the use of personal data.
- Allows for filing complaints and requesting compensation if personal data is used beyond the initially specified purposes.
- Reduces annoyance or damage caused by personal data breaches.
Nation:
- Establishes measures to oversee personal data protection, enhancing the country’s image.
- Provides tools for regulating operations related to personal data protection.
- Strengthens society by enabling oversight of government and business operations to ensure proper and accurate personal data protection practices.
3. Liability and Penalties Under the PDPA
Non-compliance or improper handling of personal data under the Personal Data Protection Act (PDPA) can result in civil, criminal, and administrative liabilities as follows:
Civil Liability:
Violators are required to compensate for damages. In cases of severe damage, the court may order additional compensation of up to double the initial amount.
Criminal Penalties:
The unauthorized use or disclosure of personal data may result in imprisonment for up to 1 year, a fine of up to 1,000,000 THB, or both. Corporate executives may also be held jointly liable.
Administrative Penalties:
Failure to comply with the PDPA, such as not notifying data collection purposes or failing to appoint a Data Protection Officer (DPO), can lead to fines of up to 5,000,000 THB.
4. How Should Organizations Respond to a Data Breach?
In the event of a personal data breach or leakage, organizations should take the following actions in compliance with the PDPA:
- Notify the Regulatory Authority:
Inform the relevant authority of the incident within 72 hours. - Notify Data Subjects:
Inform affected data subjects about the incident, its potential impacts, and the measures taken to address the situation. - Investigate and Resolve the Issue:
Conduct a thorough investigation to identify the cause of the breach and implement timely corrective measures. - Consult Legal Experts:
Engage legal professionals to assess risks and ensure compliance with legal requirements to mitigate potential repercussions.
Conclusion
Prioritizing personal data protection is essential for modern organizations. Compliance with the PDPA not only mitigates legal risks but also fosters customer trust. Leveraging legal services to ensure proper adherence to the PDPA is a critical step in today’s data-driven business environment. Personal data protection is a crucial responsibility that organizations must not overlook. Following the PDPA correctly reduces legal risks and strengthens customer confidence. Legal services can provide the assurance needed for organizations to thrive in an era where personal data is one of the most valuable assets.
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Trinity & Co Legal Co., Ltd.
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Referance
Thammasat University. (2022). Presentation on the Personal Data Protection Act (PDPA) and its Application to Thammasat University. Retrieved from https://tuipied-my.sharepoint.com/… (Accessed January 17, 2025)
PDPA Pro. (2022). In Summary: What is PDPA? Retrieved from https://pdpa.pro/blogs/in-summary-what-is-pdpa (Accessed January 17, 2025)
