Problems of the Protection and Enforcing the Rights to be Forgotten with the Personal Data Protection Act 2562 B.E. in Thai Universities

Abstract

This article aims to study problems of the protection and enforcing the rights to be forgotten, the guidelines on the protection of the rights to be forgotten and the analysis of the guidelines on the protection of the rights to be forgotten under Thai law. As the rights to be forgotten is recently recognized for the first time in the Personal Data Protection Act B.E. 2562, specifying the rights of the data subject to request the data controller to delete his/her personal data which is considered as the rights to be forgotten. Therefore, the characteristics and the scope of such rights are still unclear under Thai law. As a result, there remains ambiguity about the nature of the rights and the extent to which they are enforced. It found difficulties in providing protection and enforcing such forgotten rights on university campuses. These problems include; data collection of students recruited to the university, data collection issues of students applying for admission or third parties applying to work at the university, university personnel exercising their rights to be forgotten in the performance of labor contracts, lacking of guidelines regarding the deletion or destruction of personal information or the making of personal information is inaccessible to the person who owns the personal data.