Employer’s Data Obligation Under Thailand’s PDPA
Thailand’s Personal Data Protection Act (the “PDPA”) is a comprehensive data privacy law that aims to protect the privacy of Thailand’s citizens. The PDPA was said to go into effect on 27 May 2020. However, the PDPA went into effect on June 1st, 2022, after being postponed due to the pandemic.
The PDPA does not explicitly cover an employer’s handling of personal information about employees. Data controllers are defined as “a person or juristic person who has the right and duty to make decisions regarding collecting, using, or disclosing personal data” under Section 6 of the PDPA.
Employers would be subject to the PDPA’s requirements since they make decisions about collecting, using, and disclosing employees’ personal data.
Table of contents
- Employers’ Obligations Under the PDPA
- Consent, Notification, and Data Collection Requirements
- Data Retention
- Data Transfer Obligations
- Security Measures Requirements
- Data Breach Requirements
- Employees’ Rights under The PDPA
- Operationalizing the PDPA
Employers’ Obligations Under the PDPA
Employers have several obligations under the PDPA:
Consent, Notification, and Data Collection Requirements:
According to Section 19 of the PDPA, an employer shall not collect, use, or disclose personal data on employees unless the employee has given consent before or at the time of the collection, use, or disclosure.
Unless it is impossible by nature, a request for consent must be given expressly in a written statement or via technological means. According to Section 26 of the PDPA, an employer shall not acquire the following sensitive personal data without the employee’s specific consent:
- Racial information,
- Ethnic origin,
- Political opinions,
- Cult, religious or philosophical beliefs,
- Sexual behavior,
- Criminal records,
- Health data, disability,
- Trade union information,
- Genetic data,
- Biometric data, or
- Any data which may affect the employee in the same manner.
However, the PDPA provides few exceptions regarding the consent and data collection requirements. Employers can process employees’ personal data when there is a legitimate reason, such as a medical emergency or for workers’ compensation claims, public interest, to meet contractual obligations, or to ensure employment protection.
As of now, the PDPA does not define employment protection as an exception for the above requirement. Employers must notify employees prior to collecting their personal data, even where consent is not required. Employers should consider the following to stay compliant with the PDPA:
- Consent of employees should be explicit;
- Employees should be informed about the purpose of collection, processing, retention period, and/or disclosure;
- The collection of personal data should be limited to the extent of its purpose of use;
- Employees have the right to withdraw consent at any time;
- Employers need to inform employees of any consequences associated with the withdrawal of consent;
- The employee’s right of access and correction (including the contact information of the person who handles any request for access to the data on the employer’s behalf).
The PDPA does not provide any retention period. However, it requires employers to ensure that they inform employees regarding their personal data retention period.
In Thailand, organizations usually retain the data of their employees for ten years under the Labor Protection Act. Employers should ensure that they don’t retain any unnecessary personal data of their employees or job applicants.
Data Transfer Obligations
Section 28 of the PDPA addresses the transfer of employee information to third parties, whether in Thailand or abroad. The PDPA states that the destination country and third parties should have adequate data protection standards.
The transfers shall be carried out in accordance with the requirements for the protection of employees’ personal data. It is advised that the employer must obtain consent from the employee before transferring any data and ensuring that the third party has adequate security measures to protect the employees’ data.
Security Measures Requirements
Employers must take appropriate security measures to prevent unauthorized losses, alterations, or disclosure of employees’ personal data. The PDPA requires that employers implement a system to destroy personal data when the retention period is over, when the data is no longer necessary or when the employee requests its destruction.
Data Breach Requirements
Any personal data breach must be reported to the Office of the Personal Data Protection Committee without delay and, where feasible, within 72 hours after the employer has become aware of it.
Employees’ Rights under The PDPA
Under the PDPA, employees are entitled to a number of rights that the employer needs to honor in order to stay compliant. These rights are as follows:
Right to access:
Employees have the right to access the personal data that the employer collects, uses, and discloses.
Right to be informed:
The employer shall inform the employee about any collection, processing or storage of data prior to or at the time of the collection of the personal data.
Right to erasure:
The employee has the right to request the employer to delete any stored data, except where the employer is not obligated to do so.
Right to rectification:
Employees have the right to rectify incomplete or inaccurate personal data that the employer has stored.
Right to Withdraw Consent:
The employee has the right to withdraw their consent at any time for the purposes that they have consented to the processing of their personal data.
Operationalizing the PDPA
In order to achieve compliance, HR management needs to honor the obligations mentioned above. This can be done in the following ways:
- Disclose how employees’ data is being processed through transparent formal policies.
- Develop formal policies and procedures for data collection and handling.
- Update privacy policies as needed.
- Ensure privacy policies and notices are easily accessible.
- Review and update data handling and security practices.
- Maintain proper documentation.
Manual approaches have a slew of drawbacks, including high prices and the possibility of human error. In today’s automated and digitally connected world, firms must use automation to comply with privacy laws such as Thailand’s PDPA.
Securiti’s Sensitive Data Intelligence Solution enables organizations to discover, analyze, and protect large datasets. It offers organizations a 360-degree solution to all their compliance needs. Request a demo of Securiti’s Sensitive Data Intelligence solution and start your journey to PDPA compliance.
To assist you in complying with the PDPA’s requirements, Securiti also provides automatic data mapping, DSR rights fulfillment, data breach management, and added security controls.