ThailandPersonal Data Protection Act, comprehensive regime
In force since .
A comprehensive regime rule binding private bodies.
- How the hook was established
- express
- What makes it apply
- Operator establishment, Market targeting, User location
- Audit expectation
- on_request
- Who audits it
- Regulator
What it requires
- An app that collects, uses, or discloses the personal data of an individual in Thailand must obtain consent by default before processing, unless a Section 24 statutory exception applies.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Does a Data Controller or Data Processor "that is in the Kingdom of Thailand" under Section 5, a phrase the Act does not define, include a foreign-incorporated operator whose only Thai connection is a server, an employee or a contractor located in Thailand?
What it makes you log
Who may demand the log
Regulator, Data subject
Logging duty
Section 39 makes the controller keep, in writing or electronically, a record of eight items (the personal data collected, the purpose of each category, the controller's details, the retention period, the rights and methods of access, uses or disclosures under section 27 paragraph three, rejected requests and objections, and an explanation of the security measures), so that the data subject and the Personal Data Protection Committee's Office can check it; a small organization may be exempted from most items by the Committee's rules. Section 40(3) makes a processor keep records of its processing activities. None of the eight items is a log field in the vocabulary, and the retention period is an item recorded about the data, not a period for the record. Section 5 reaches controllers and processors in Thailand, and those outside it that offer goods or services to, or monitor the behavior of, data subjects in Thailand.
- Kind
- Explicit
- As of
- Provision
- Section 39 (controller records); Section 40(3) (processor records)
- Trigger
- personal_data_processing
What this law does
The Personal Data Protection Act (PDPA) is Thailand's comprehensive personal-data statute, published in the Government Gazette and, after enforcement of most operative provisions was twice postponed, fully enforceable since . Lawful basis is consent by default under Section 24, a General Data Protection Regulation (GDPR)-style model, with heightened requirements for sensitive categories under Section 26. The Personal Data Protection Committee and its Office enforce the Act. The text cited is the Ministry of Digital Economy and Society (MDES) copy of the Act.
When LexLint raises it
When your app profile says your app processes personal data.
Back to the example · Lint your app
Page updated .