Privacy Protection in Thailand ASIAN PRIVACY FORUM Hongkong

Privacy Protection in Thailand ASIAN PRIVACY FORUM Hongkong 27. 03. 01 Kittisak Prokati Commissioner- in charge of Privacy, OIC, Thailand 9/9/2020 Official Information Commission, Thailand STOP

Tension & concurrent l Right to Know 9/9/2020 Official Information Commission, Thailand l Right of Privacy

Privacy Protection under Official Information Act, 1997 1 Constitutional Framework 2 What is Privacy or Personal Information? 5 Duties of State Agencies 6 Dissemination without Consent (Sec. 24( 3 Examples 7 Rights of Information Subject 4 Elements of Personal Information 8 Problems 9/9/2020 Official Information Commission, Thailand

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) 9/9/2020 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 a s p r o v i d e d b y l a w” 9/9/2020 Official Information Commission, Thailand MENU STOP

Right to Privacy Section 34 “A person’s family rights, dignity, reputation or the right of privacy s h a l l b e p r o t e c t e d. • The assertion o r circulation of a statement or picture in any manner whatsoever to the public, which violates o r affects a person's family rights, dignity, reputation or the right of privacy, shall not be made except for the case w h i c h i s b e n e f i c i a l t o t h e p u b l i c”. 9/9/2020 Official Information Commission, Thailand MENU STOP

. 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 o r employment record, which contains the name of such person o r contains a numeric reference, code o r such other indications. 9/9/2020 Official Information Commission, Thailand MENU STOP

3. Examples J Traveling Abroad J Hospital Records J University J Nationality J Schools J Associations J Occupations J Social Records J Hotels J Rents J Air Tickets J Military Records J Lecturers JPostal Records J Insurance J TAX J Defendants J Libraries 9/9/2020 Official Information Commission, Thailand

3. Examples J Traveling Aboard J Hospital Records J University J Nationality. J Schools J Associations J Occupations J Social Records J Hotels J Rents J Air Tickets J Military Records J Lecturers J Postal Records J Insurance J TAX J Defendants J Libraries 9/9/2020 Official Information Commission, Thailand MENU STOP

. 4 Core Elements of Personal Information according to Official Information Act, 1997 l particular private matters l Personal Information l indications identifying certain person 9/9/2020 ������� �. 4 Official Information Commission, Thailand MENU STOP

. 5 Duties of State Agencies 51. 5. 2 5. 3 45. Collection only by Necessity, Termination by Unnecessity, Constantly Update, Provision of Security ( Sec. 23( Direct Collection from the Subject (Sec. 23( Publication of Types, nature and Process of Inspection in Governmet Gasette (Sec. 23( Disclosure only by Consent of the Data Subject (Sec. 24( 5. 5 Inspection by Subject of Information (Sec. 25( 5. 6 Correction (Sec. 25( 9/9/2020 Official Information Commission, Thailand MENU STOP

. 6 Dissemination without Consent (Sec. 24) permissible only by 6. 1 Official Uses by Officials in Charge 6. 2 Normal Uses 6. 3 For statistic or planning purposes 6. 4 Scientiffic uses 6. 5 For evaluation by National Achives 66. prevention of Offences or Law Enforcement Necessity to safe Life or Safety of others 76. 86. 9/9/2020 disclosure to officials authorized by law Other cases prescribed by Royal Decree MENU STOP Official Information Commission, Thailand

. 7 Rights of Information Subjects 7. 1 Right to inspect and ask for a copy (Sec. 25( 7. 2 Right to know and oppose the disclosure of information related to him (Sec. 17( 7. 3 7. 4 7. 5 9/9/2020 Right to disagree to disclosure (Sec. 24( Right to demand for correction or alteration (Sec. 25( 7. 6 Right to demand for Info Security (Sec. 23( Right to complain (Sec. 13) and appeal (Sec. 25 para 3( 7. 7 Right to claim for Damages Official Information Commission, Thailand MENU STOP

. 8 Problems 1. Entrance Examination Results 2. Investigative Report 3. Business Contract 4. Personal Evaluation Letters 9/9/2020 Official Information Commission, Thailand MENU STOP

������ THANK YOU! www. thaigov. oic. go. th 9/9/2020 Official Information Commission, Thailand MENU STOP