In light of the unsteady situation in Thailand resulting from the third wave of the COVID-19 pandemic, the government has issued a royal decree to postpone the enforcement of the Personal Data Protection Act (PDPA) for the second time. Subject to any further amendments, the PDPA will now take effect on 1 June 2022. While the PDPA remains partially effective, the royal decree imposes certain duties on data controllers to put in place appropriate security measures to protect personal data.
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Until recently, Thailand had no specific legislation regarding personal data protection. Instead, personal information was protected by:
general laws (eg, the Constitution and laws pertaining to wrongful acts specified by the Civil and Commercial Code); and
specific laws which protect only certain information (eg, the Official Information Act 1997 (BE 2540), which protects only personal information that a state agency possesses or controls).
In 2009 the first Personal Data Protection Bill was introduced, followed by various drafts and amendments thereto. On 28 February 2019 the National Legislative Assembly approved the latest version of the Personal Data Protection Bill. On 28 May 2019 the first consolidated Personal Data Protection Act (PDPA) (BE 2562) took effect.
New minister ponders delay of Personal Data Protection Act
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published : 2 Apr 2021 at 06:44
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New Digital Economy and Society (DES) Minister Chaiwut Thanakhamanusorn is considering whether to postpone the full enforcement of the Personal Data Protection Act (PDPA) slated for this June to help unprepared small and medium-sized enterprises (SMEs) that could be affected by the legislation. If the public has negative views about the PDPA, which takes effect in two months, the ministry may consider deferring or amending it, said Mr Chaiwut.
He said this after delivering policy to officers at the ministry yesterday.
Mr Chaiwut also acknowledged a delay in the appointment of members to the Personal Data Protection Committee, a crucial body in approving subsidiary legislation.