1. Privacy Protection in Thailand
ASIAN PRIVACY FORUM
Hongkong
Kittisak Prokati
Commissioner- in charge of Privacy, OIC, Thailand
2/18/2019
Official Information Commission, Thailand
STOP
Official Information Commission, Thailand

2. Official Information Commission, Thailand
Tension & concurrent
Right of Privacy
Right to Know
2/18/2019
Official Information Commission, Thailand

3. Privacy Protection under Official Information Act, 1997
Constitutional Framework 1
Duties of State Agencies 5
What is Privacy or Personal Information? 2 6
Dissemination without Consent (Sec. 24)
Examples 3 7
Rights of Information Subject 4 8
Problems
Elements of Personal Information
2/18/2019
Official Information Commission, Thailand
Official Information Commission, Thailand

4. Constitutional Framework
1. Human Dignity (Art.4)
2. Fundamental Rights
and Liberties (Art.4)
3. Right of Privacy (Art.34)
4. Right to Know (Art.58)
2/18/2019
Official Information Commission, Thailand

5. Official Information Commission, Thailand
ิRight to Know
Section 34 “A person shall have the right to get access to public information in possession of a State agency, State enterprise or local government organization, unless the disclosure of such information shall affect the security of the State, public safety or interests of other persons which shall be protected as provided by law”
2/18/2019
Official Information Commission, Thailand
MENU
STOP
Official Information Commission, Thailand

6. Official Information Commission, Thailand
Right to Privacy
Section 34 “A person’s family rights, dignity, reputation or the right of privacy shall be protected.
The assertion or circulation of a statement or picture in any manner whatsoever to the public, which violates or affects a person's family rights, dignity, reputation or the right of privacy, shall not be made except for the case which is beneficial to the public”.
2/18/2019
Official Information Commission, Thailand
MENU
STOP

7. 2. Meaning of Personal Information
“Personal Information” means : (Sec. 4 para 5)
Information relating to all the particular private matters of a person which contain indications identifying that person, such as educational, financial, health record, criminal record or employment record, which contains the name of such person or contains a numeric reference, code or such other indications.
2/18/2019
Official Information Commission, Thailand
MENU
STOP

8. Official Information Commission, Thailand
3. Examples
Traveling Abroad
Hospital Records
University
Nationality
Associations
Schools
Occupations
Social Records
Hotels
Rents
Air Tickets
Military Records
Lecturers
Postal Records
Insurance
TAX
Defendants
Libraries
2/18/2019
Official Information Commission, Thailand
Official Information Commission, Thailand

9. Official Information Commission, Thailand
3. Examples
Traveling Aboard
Hospital Records
University
Nationality
Associations
Schools
Occupations
Social Records
Hotels
Rents
Air Tickets
Military Records
Lecturers
Postal Records
Insurance
TAX
Defendants
Libraries
2/18/2019
Official Information Commission, Thailand
MENU
STOP
Official Information Commission, Thailand

10. Official Information Commission, Thailand
4. Core Elements of Personal Information according to Official Information Act, 1997
particular private matters
Personal Information
indications identifying certain person
2/18/2019
พรบ. ข้อมูลฯ ม. 4
Official Information Commission, Thailand
MENU
STOP

11. 5. Duties of State Agencies
5.1
Collection only by Necessity, Termination by Unnecessity, Constantly Update, Provision of Security ( Sec. 23)
Direct Collection from the Subject (Sec.23)
5.2
Publication of Types, nature and Process of Inspection in Governmet Gasette (Sec.23)
5.3
Disclosure only by Consent of the Data Subject (Sec.24)
5.4
Inspection by Subject of Information (Sec. 25)
5.5
Correction (Sec. 25)
5.6
2/18/2019
Official Information Commission, Thailand
MENU
STOP

12. 6. Dissemination without Consent (Sec. 24) permissible only by
Official Uses by Officials in Charge
6.1
Normal Uses
6.2
For statistic or planning purposes
6.3
Scientiffic uses
6.4
For evaluation by National Achives
6.5
prevention of Offences or Law Enforcement
6.6
Necessity to safe Life or Safety of others
6.7
disclosure to officials authorized by law
6.8
Other cases prescribed by Royal Decree
6.9
2/18/2019
Official Information Commission, Thailand
MENU
STOP

13. 7. Rights of Information Subjects
Right to inspect and ask for a copy (Sec.25)
7.1
7.2
Right to know and oppose the disclosure of information related to him (Sec.17)
Right to disagree to disclosure (Sec.24)
7.3
7.4
Right to demand for correction or alteration (Sec. 25)
Right to demand for Info Security (Sec.23)
7.5
Right to complain (Sec.13) and appeal (Sec.25 para3)
7.6
Right to claim for Damages
7.7
2/18/2019
Official Information Commission, Thailand
MENU
STOP

14. Official Information Commission, Thailand
8. Problems
1. Entrance Examination Results
2. Investigative Report
3. Business Contract
4. Personal Evaluation Letters
2/18/2019
Official Information Commission, Thailand
MENU
STOP

15. Official Information Commission, Thailand
ขอบคุณ
THANK YOU!
2/18/2019
Official Information Commission, Thailand
MENU
STOP