Thailand Details Procedures for Personal Data Protection Complaints

Thailand’s Private Knowledge Safety Committee (PDPC) has issued a regulation establishing procedures for submitting and processing information topics’ complaints below the Private Knowledge Safety Act B.E. 2562 (2019) (PDPA). The Regulation Re: Grievance Submitting, Rejection, Termination, Consideration, and the Interval for the Consideration of the Grievance B.E. 2565 (2022) was issued in July 2022 and took impact on July 12, 2022.

The PDPA entitles information topics to file complaints in opposition to information controllers, information processors, and workers or service suppliers of both whose operations fail to adjust to the PDPA. This text lays out the varied necessities and procedures for the submitting and processing of such a criticism.

Grievance Submission

The physique designated by the PDPA to be chargeable for dealing with complaints and imposing administrative penalties is named the “Skilled Committee.” Knowledge topics who wish to make a criticism can submit it to the Skilled Committee immediately on the Workplace of PDPC, ship it to the workplace by publish, or submit the criticism electronically.

The written or digital criticism should use clear, plain, well mannered, and acceptable language, and should not give an impression of being immediately or not directly extorting or intimidating. The criticism should embody not less than the next data:

• Identify, deal with, and phone quantity or e mail deal with of the complainant (or a certified consultant), along with identification card, passport, or different official identification doc (plus an influence of legal professional if submitted by a consultant);
• Particulars of ensuing damages or influence;
• Supporting proof (e.g., documentary proof, bodily proof, witness statements); and
• Motion desired of the offender.

The criticism should embody a press release certifying its veracity, and have to be signed by the complainant or the licensed consultant.

Grievance Consideration

When a criticism is submitted, the receiving official will confirm that the criticism is full after which situation a receipt to the complainant. The official will then conduct a preliminary examination of the criticism inside 15 days earlier than proposing it to the Skilled Committee by the secretary-general of the PDPC for consideration. Of their examination, the committee goals to find out:

• whether or not the act indicated within the criticism constitutes noncompliance with or violation of the PDPA;
• whether or not there are grounds for submitting the criticism, and whether or not the criticism is substantive and affordable;
• whether or not the criticism is throughout the scope of the Skilled Committee’s authority; and
• whether or not the duties and energy for contemplating the criticism are topic to another regulation or authority.

The Skilled Committee might reject a criticism—for instance, if it doesn’t relate to noncompliance with or violation of the PDPA, if it has full data or supporting paperwork, if it duplicates a beforehand settled criticism, and so forth. If the Skilled Committee considers the criticism negotiable, it could ask the complainant and the offender to contemplate doing so.

Basically, the Skilled Committee will end its consideration of the criticism inside 90 days of its first assembly. With the approval of the PDPC, this era could also be prolonged twice, for as much as 60 days every time.

Outcomes

After concluding its examination, the Skilled Committee will notify the complainant of the end result in addition to the related reasoning. If the criticism is rejected or dismissed as a result of it falls throughout the authority of one other regulation or authority, the complainant might submit the criticism to that authority, which is able to then deem the criticism’s date of receipt as being the date on which the Skilled Committee obtained the criticism.

If the criticism shouldn’t be negotiable, or is negotiable however the events fail attain the settlement, the Skilled Committee will contemplate the criticism and should impose administrative penalties on the information controller or processor in accordance with the PDPA.