personal data protection

Navigating data protection: The impact of Thailand’s PDPA update on individuals and businesses

pdpa thailandIn an era defined by advancing technology and interconnectedness, safeguarding personal information has become paramount. The enactment of the Personal Data Protection Act 2019 (PDPA) in Thailand on June 1st, 2022, marks a significant stride towards enhancing data security and upholding the rights of individuals

Implications for individuals and businesses

The PDPA not only reinforces the security standards surrounding personal information but also redefines the relationship between individuals and businesses concerning data handling practices. Under this legislation, individuals gain unprecedented control over their personal data, spanning from basic identifying information to more sensitive aspects such as health records and criminal history.

Businesses are now entrusted with greater responsibility in managing data, mandated to obtain explicit consent from the data subject before collecting, storing, disseminating, or disposing of any data. This Consent Letter outlines the permissible purposes for data processing, ensuring transparency and accountability.

Additionally, businesses are required to establish robust data protection policies tailored to their operations. These policies serve as a framework for ensuring compliance with the PDPA, with emphasis on accessibility, auditability, and readiness for regulatory scrutiny. Moreover, the appointment of a Data Protection Officer (DPO) is mandated for overseeing and enforcing compliance within organizations. In line with this, the Personal Data Protection Committee (PDPC) requires businesses that handle personal information to appoint a DPO who will oversee and ensure that businesses process data in compliance with the law.

Recent amendments introduced by the PDPC, effective March 24, 2024, further fortify data protection measures, particularly concerning the handling of criminal records. Data controllers are now obligated to adhere to stricter guidelines regarding the retention and disposal of such sensitive information, underscoring the evolving nature of data privacy regulations for a maximum of six months

Its impact on your businesses

The enforcement of the PDPA has echoed across various sectors, presenting both challenges and opportunities for organizations. The enforcement of the PDPA has resulted in delays across various sectors, owing to the meticulous scrutiny required to ensure compliance with the law.

To mitigate such delays, organizations have adapted their consent procedures to provide applicants with comprehensive insights into the verification process. Transparency and communication play pivotal roles, with candidates being apprised of the verification details beforehand and required to consent before proceeding with background checks.

However, despite these measures, instances may arise where applicants withhold consent, necessitating the cancellation of the verification process and potentially impacting organizational timelines. Such external factors underscore the importance of fostering transparency and cooperation between businesses and data subjects.

Peace of mind partner

At Integrity Thailand, we recognize the significance of data protection in fostering trust and integrity in our operations. Our unwavering commitment to compliance with the PDPA is reflected in our comprehensive data protection policy and the appointment of a dedicated Data Protection Officer (DPO). Rest assured, when you engage with us, your personal information is handled with the utmost care and discretion, adhering strictly to the stipulations outlined in the Consent Letter and regulatory guidelines established by the Personal Data Protection Committee.