No. 136 Chapter 69 Gor
Government Gazette
27 May 2019
The exceptions to apply all or parts of the provisions of this Act to any Data
Controller in any manner, business or entity, in a similar manner to the Data Controller in
paragraph one, or for any other public interest purpose, shall be promulgated in the form of the
Royal Decree.
The Data Controller under paragraph one (2) (3) (4) (5) and (6) and the Data
Controller of the entities that are exempted under the Royal Decree in accordance with
paragraph two shall also put in place a security protection of Personal Data in accordance with
the standard.
Section 5 This Act applies to the collection, use or disclosure of Personal
Data by a Data Controller or a Data Processor that is in the Kingdom of Thailand, regardless
of whether such collection, use or disclosure takes place in the Kingdom of Thailand or not.
In the event that a Data Controller or a Data Processor is outside the
Kingdom of Thailand, this Act shall apply to the collection, use or disclosure of Personal
Data of data subjects who are in the Kingdom of Thailand, where the activities of such Data
Controller or Data Processor are the following activities:
(1) the offering of goods or services to the data subjects who are in the
Kingdom of Thailand, irrespective of whether the payment is made by the data subject; or
(2) the monitoring of the data subject’s behavior, where the behavior takes
place in the Kingdom of Thailand.
Section 6 In this Act,
“Personal Data” means any information relating to a Person, which enables
the identification of such Person, whether directly or indirectly, but not including the
information of the deceased Persons in particular;
“Data Controller ” means a P erson or a juristic person having the power
and duties to make decisions regarding the collection, use, or disclosure of the Personal Data;
“Data Processor ” means a Person or a juristic person who operates in
relation to the collection, use or disclosure of the Personal Data pursuant to the orders
given by or on behalf of a Data Controller, whereby such Person or juristic person is not
the Data Controller.
“Person” means a natural person;
“Committee” means the Personal Data Protection Committee;
“Competent Official” means any person appointed by the Minister to
perform acts under this Act;
“Office” means the Office of the Personal Data Protection Committee;
“Secretary-General” means the Secretary-General of the Personal Data
Protection Committee;
“Minister” means the Minister who is in charge under this Act.
Section 7 The Minister of Digital Economy and Society shall be in charge
under this Act, and shall have the power to appoint the Competent Official to perform
acts under this Act.
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