Advertorial Everything you need to know about Thailand's new data protection law

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The importance of data protection is becoming increasingly recognized, resulting in the growing data protection laws across the globe. Despite the COVID-19 pandemic postponing Thailand’s initial law on personal data protection since 2019 (and the private sector’s attempt to further delay its implementation for additional two years), the law eventually came into effect at the start of last month on June 1st, 2022. Whether you’re concerned about personal data from an individual or business perspective, our friends at Pacific Prime Thailand are here to tell you what you need to know about the Personal Data Protection Act (PDPA) of 2019.

The PDPA safeguards individuals and their personal data

Since the General Data Protection Regulation (GDPR) came into full force in 2016, many regions have been called to take similar action - including Thailand’s own variation: the PDPA. The PDPA’s mission is to protect data owners and set guidelines so business and state agencies are legally obligated to get permission from data owners before they collect, process, use, and disclose their personal info.

 

Along with Thailand-based entities, the PDPA extends to overseas data controllers and processors who process the personal data of those in Thailand. “The enforcement of the PDPA on June 1 marks a milestone for privacy protection and data security for customers in Thailand,” said Stephen James Helwig, Total Access Communications’ (DTAC) interim chief corporate affairs officer, in a recent Bangkok Post article.

Personal data

Any information that can either directly or indirectly identify a person is considered personal data. This includes, but is not limited to, their:

 

●     Name

●     Address

●     Email address

●     Phone number

●     ID number

 

Additionally, further protection is given to sensitive personal data under the PDPA, including data related to:

 

●     Health, biometric, and genetic data

●     Gender, sexual orientation, and any disabilities

●     Race, ethnic origin, and religion

●     Political opinions and trade union information

 

Many businesses have been caught off guard

According to a Thai Board of Trade and the University of the Thai Chamber of Commerce survey, just 8% of nearly 4,000 businesses surveyed have taken measures to be compliant with the law. Similarly, 31% have yet to even start the compliance process. Businesses that have not prepared for the PDPA must now focus on becoming compliant with the new law to avoid potential non-compliance lawsuits. By violating the PDPA, businesses could face fines of up to THB ฿5 million or imprisonment for up to one year.

But there is a transitional period

Fortunately for those who are unprepared, the government will relax the enforcement of penalties during the initial year of implementation as it is seen as a transitional period. That is, as long as the violators didn’t intend to commit any wrongdoings. Authorities will solely focus on giving warnings to violators and prompting them to comply with the guidelines in the first 12 months.

 

Paiboon Amornpinyokiat, a Personal Data Protection Committee legal subcommittee member, said the main task for the first year is to protect individuals’ right to data protection and increase efforts to improve understanding of the law amongst related parties. He added that the government intends to support the digital economy with the PDPA rather than seek money from fines. What’s more, small and medium-sized enterprises (SMEs) would be spared from having to comply with the PDPA’s practices on processing activities recordings thanks to a subordinate regulation.

 

Looking for expat health insurance in Thailand or other types of health insurance? Pacific Prime is a global health insurance brokerage and employee benefits specialist that is fully compliant with the PDPA and data protection laws globally. With highly-trained advisors and value-added services, Pacific Prime can help you secure the best health insurance in Thailand for your needs and budget. Contact Pacific Prime Thailand for unbiased insurance advice and a tailored plan comparison today!