Personal Information Protection Laws In Thailand

In the age of social media, it would be advisable for the companies to establish internal rules that prevent and restrict their employees or contractors from disclosing and handling, as well as limiting their access to, sensitive information.

Part A: Legal Considerations before Personal Information Protection Act

Before 27 May 2019, Thailand had no specific and independent statutory law governing personal information protection. As such, the collection and handling of personal information was governed by the general provisions of tort law under the Civil and Commercial Code (the “CCC”), and in the case where such information is deemed to be trade secret, it may be protected under the Trade Secret Act B.E. 2545 (2002) (the “Trade Secret Act”). Nonetheless, on 27 May 2019, the Personal Information Protection Act was eventually enacted and marked a significant step of data and privacy protection in Thailand. For your information, some key considerations under the CCC and the Trade Secret Act in relation to data protection in Thailand can be found below:

1 The CCC

Section 420 of the CCC stipulates that:

“A person who, willfully or negligently, unlawfully injures the life, body, health, liberty, property or any right of another person shall be deemed to commit a tortious act and bound to make compensation therefore.”