Difficulty in Adequate Protection of Personal Data under the Law on Personal Data Protection of Thailand

Abstract

This research article aimed (1) to compare international and Thai principles on personal data protection, and (2) to compare Thai and foreign countries’ laws on personal data protection. The methodology was documentary research by collecting data from books, research articles, and theses. The result of the study found that the principles of personal data protection law in Thailand share similarities to international regulations. The contents of Thai personal data protection laws, when compared to provisions of designated foreign personal data protection laws, exhibit differences in the definition and scope of personal data protection laws enforceability, the authority that sets rules or regulations for personal data protection, the duties and responsibilities of the personal data controller, the rights and duties of personal data processors, the rights of the owner of personal data, and sending or transferring personal data. However, the contents of Thai personal data protection laws regarding the rights of personal data owners have some similarities and differences compared to the content of designated foreign personal data protection laws. Therefore, the difference between the content of Thai personal data protection laws and the selected foreign personal data protection laws is related to the problem of an adequate level of personal data protection standards. The content of personal data protection laws of Thailand should be revised so that laws regarding sending and transferring personal data to foreign countries or international organizations that have adequate data protection standards.