Understanding Data Privacy Laws in Thailand, Our 2024 Update

Reflecting a worldwide trend toward tighter data governance, Thailand has made notable progress in controlling data privacy and protection in recent years. After eventually coming into effect in 2022, having been delayed mostly due to the COVID-19 Pandemic, the Personal Data Protection Act (PDPA) 2019 represented a significant turning point for the nation. Regarding the most recent developments in 2024, various modifications and new rules have been implemented to improve data privacy policies especially in response to growing digital issues and the changing worldwide scene. Focusing on the PDPA and the main changes for 2024, this article will give a thorough review of Thailand's data privacy regulations.

Overview of the Personal Data Protection Act (PDPA)

Designed to secure personal data and match Thailand's data privacy laws with worldwide norms, including the European Union's General Data Protection Regulation (GDPR), the PDPA is the first thorough data protection law in the country. The PDPA covers public and commercial sector enterprises operating inside Thailand as well as those outside of Thailand handling personal data of Thai residents.

Key Principles of the PDPA in Thailand

The PDPA lays out the following principles at its core:

Lawfulness, Fairness, and Transparency: Personal data must be processed lawfully, fairly, and in a transparent manner.

Purpose Limitation: Data must be collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes.

Data Minimization: The collection of personal data should be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed.

Accuracy: Personal data must be accurate and, where necessary, kept up to date.

Storage Limitation: Personal data should be kept in a form that permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed.

Integrity and Confidentiality: Personal data must be processed in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

Accountability: Data controllers are responsible for, and must be able to demonstrate compliance with, the PDPA principles.

Rights of Data Subjects

The PDPA grants data subjects several rights, including:

- Right to be informed: Data subjects have the right to be informed about the collection, use, and disclosure of their personal data.

- Right of access: Data subjects can request access to their personal data.

- Right to rectification: Data subjects can request corrections to their inaccurate personal data.

- Right to erasure: Data subjects can request the deletion of their personal data under certain conditions.

- Right to restrict processing: Data subjects can request the restriction of processing their personal data.

- Right to data portability: Data subjects have the right to obtain and reuse their personal data across different services.

- Right to object: Data subjects can object to the processing of their personal data under certain circumstances.

Important Thailand Data Privacy Law Updates for 2024

Enhancing Cross-Border Data Transmission Policies

One of the major changes for 2024 is to the policies controlling transborder data movement. New rules state that companies have to make sure personal data sent beyond Thailand gets enough security in the destination countries. This update seeks to avoid data breaches and exploitation by guaranteeing homogeneity of data protection criteria across boundaries.

Before moving personal data abroad, companies now have to do extensive risk analyses and apply suitable protections such as standard contractual terms, obligatory company standards, or getting clear permission from data subjects.

Overview of the Personal Data Protection Master Plan

Released by the Thai government, the wide-ranging Master Plan for Personal Data Protection details targeted actions to improve data security over the next five years. This scheme consists of:

- Enhanced Enforcement Mechanisms: Strengthening the powers and resources of the Office of the Personal Data Protection Committee (PDPC) to ensure effective enforcement of the PDPA.

- Public Awareness Campaigns: Initiatives to educate the public and businesses about their rights and obligations under the PDPA.

- Support for SMEs: Providing guidelines and resources to help small and medium-sized enterprises (SMEs) comply with data protection regulations.

- Technological Advancements: Promoting the adoption of advanced technologies and best practices for data protection.

Updated Guidelines for Notifications of Data Breaches in Thailand

The PDPC has released fresh rules for data breach notifications in response to growing cyber dangers. Organizations now have to notify the PDPC of data breaches within 72 hours of learning about them. The announcement has to contain the following details:

- An explanation of the type of the breach together with the categories and roughly count of records and impacted people.

- The likely effects of the data breach.

- Actions decided upon or suggested to solve the breach and minimize its negative consequences.

- Contact information of the other pertinent point of contact or the data protection officer.

- If the breach could potentially compromise their rights and liberties, data subjects also need to be notified without unnecessary delay.

Enhanced Penalties for Non-Compliance

More rigid fines for non-PDPA compliance have been included into the 2024 revisions These include more penalties and even leading to jail for serious infractions. The PDPC now has the power to enforce administrative penalties and pursue judicial action against companies neglecting data protection standards.

The degree of the infringement will determine the range of administrative fines—from THB 500,000 to THB 5 million. For major offenses such as illegal publication of sensitive personal data, criminal fines of up to THB 1 million and up to one year of incarceration can follow.

A New Emphasis on Data Protection by Design and Default

The 2024 revisions have made the idea of Data Protection by Design and Default quite important. Companies now have to follow technological and organizational guidelines to guarantee that from the beginning all processing operations incorporate data protection concepts. This strategy involves the following:

- Data Protection Impact Assessments (DPIs) for highly risky processing operations.

- Including by default privacy settings and controls into goods and services.

- Reviewing and upgrading data security policies on a regular basis helps one to handle new hazards and technology developments.

Strengthened Role of Data Protection Officers (DPOs)

The 2024 changes underline even more the importance of Data Protection Officers (DPOs). Companies must designate a DPO should they participate in:

- Large-scale processing of sensitive personal data.

- Frequent, methodical data subject to wide-ranging monitoring.

- Processing that could endanger the liberties and rights of data subjects greatly.

DPOs oversee PDPA compliance, counsel on data security issues, and serve as a point of contact for data subjects and the PDPC.

Organizations' Compliance Strategies

Conducting Data Audits and Mapping

Comprehensive data audits can help companies find the kinds of personal data they acquire, handle, and retain. This entails charting data flows to grasp how personal data passes through the company and spotting possible hazards and places for development.

Implementing Robust Data Protection Policies

Compliance depends on strong data protection rules developed and followed. These rules should address:

- Practices of data collecting, application, and dissemination.

- Rights of data subjects and their possible exercise

- Data breach protocols for alerting the PDPC and impacted people.

- Data protection concepts and practices training courses for staff members.

Adopting Technological Solutions

Using technology will enable companies to meet data security criteria. Included here are:

- Encryption and personal data anonymization help to guard against illegal access.

- Using access limits and authentication systems will help to guarantee that only authorized staff members may view private information.

- Monitoring and stopping data breaches with technologies for data loss prevention (DLP).

Engaging Legal and Data Protection Experts

Hiring knowledgeable legal and data security professionals can offer insightful analysis and direction on following the PDPA and other pertinent laws. These professionals may help with DPIAs, data security policy development, and continuous compliance support provision.

Staying On Top of Thailand Data Privacy Laws

Organizations should be updated about the most recent changes and guarantee PDPA and associated compliance as Thailand keeps improving its data privacy system. The 2024 revisions highlight the need for robust and long-term data protection policies, cross-border data flow restrictions, and DPOs to preserve personal data. In a world going more and more data-driven, companies may not only reach compliance but also develop trust with their consumers and stakeholders by implementing best practices and using technology solutions.

If you have any questions, why not get in touch with a Data Protection Lawyer in Thailand. Whether it be about data privacy, cyber law or something else they will be able to support you.