No. 136 Chapter 69 Gor
Government Gazette
27 May 2019
other than the purpose previously notified to the Data Controller in the request to obtain such
Personal Data.
In the event that the Data Controller uses or discloses the Personal Data which
is exempted from consent requirement in paragraph one, the Data Controller shall maintain a
record of such use or disclosure in the record under Section 39.
Section 28 In the event that the Data Controller sends or transfers the Personal
Data to a foreign country, the destination country or international organization that receives
such Personal Data shall have adequate data protection standard, and shall be carried out in
accordance with the rules for the protection of Personal Data as prescribed by the Committee
in Section 16(5), except in the following circumstances:
(1) where it is for compliance with the law;
(2) where the consent of the data subject has been obtained, provided that the
data subject has been informed of the inadequate Personal Data protection standards of the
destination country or international organization;
(3) where it is necessary for the performance of a contract to which the data
subject is a party, or in order to take steps at the request of the data subject prior to entering into
a contract;
(4) where it is for compliance with a contract between the Data Controller, and
other Persons or juristic persons for the interests of the data subject;
(5) where it is to prevent or suppress a danger to the life, body, or health of the
data subject or other Persons, when the data subject is incapable of giving the consent at such
time; or
(6) where it is necessary for carrying out the activities in relation to substantial
public interest.
In the event that there is a problem with regard to the adequacy of Personal
Data protection standards of the destination country or international organization, such problem
shall be submitted to the Committee to decide. The decision made by the Committee may be
reviewed when there is a new evidence convincing that the destination country or international
organization that receives such Personal Data has developed adequate Personal Data protection
standards.
Section 29 In the event that the Data Controller or the Data Processor who is
in the Kingdom of Thailand has put in place a Personal Data protection policy regarding the
sending or transferring of Personal Data to another Data Controller or Data Processor who is
in a foreign country, and is in the same affiliated business, or is in the same group of
undertakings, in order to jointly operate the business or group of undertakings. If such
Personal Data protection policy has been reviewed and certified by the Office, the sending or
transferring of Personal Data to a foreign country, which is in accordance with such reviewed
and certified Personal Data protection policy, can be carried out and shall be exempt from
compliance with Section 28.
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