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Thailand currently does not have any specific law regulating data protection. The Office of the Prime Minister first published the Draft Act ukrainian law on personal data protection (act) 2014. The Draft Act has undergone several rounds of changes and this article aims to give a high level overview of the recently approved version of the Draft Act.

The Draft Act has been revised to replicate many of the concepts and obligations which are common across global data protection laws and in particular the GDPR. We have highlighted some of those key obligations below. Personal Data in compliance with the orders of data controller. This means that organizations outside of Thailand may be subject to the Draft Act. General protections Specific consent is required from the data subject, in writing or via electronic means, prior to or at the time of collection, use or disclosure of personal data, unless one of the prescribed exceptions applies. Collection of personal data Collection of personal data must be for a lawful purpose and be directly relevant to, and necessary for, the activities of the data controller. This information would usually be provided by way of a collection notice.

Except under limited circumstances prescribed under the Draft Act, personal data must be collected directly from the data subject. Also, the collection of sensitive personal data, such as religious belief, political preference, sexual behaviour or medical records, is prohibited except under limited circumstances prescribed under the Draft Act or ministerial regulation. Fines and penalties Both civil and criminal penalties can be imposed on the data controller for violation of the provisions of the Draft Act. Next steps If the council of state approves the Draft Act, the Draft Act will be forwarded to the Thai cabinet and subsequently to the national legislative assembly for approval before coming into force.

No official time frame for this process has been announced so it is difficult at this stage to anticipate the enactment date of the Draft Act. Takeaway The Draft Act means that companies doing business in Thailand or handling the data of Thai citizens will need to reconsider their policies and procedures for handling personal data in accordance with the new law once passed. About More than a news source, the Data Protection Report provides thought leadership on emerging privacy, data protection and cybersecurity issues, and helps its readers proactively address risks and anticipate next steps in this crucial emerging field. Brand Protection for developments and trends impacting brands. Consumer products law blog for legal issues surrounding consumer product law in the United States.

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