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Privacy Protection in Thailand

Privacy Protection in Thailand. ASIAN PRIVACY FORUM Hongkong27.03.01. Kittisak Prokati Commissioner- in charge of Privacy, OIC, Thailand. STOP. Tension & concurrent. Right to Know. Right of Privacy. Privacy Protection under Official Information Act, 1997. Constitutional Framework. 1.

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Privacy Protection in Thailand

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  1. Privacy Protection in Thailand ASIAN PRIVACY FORUM Hongkong27.03.01 Kittisak Prokati Commissioner- in charge of Privacy, OIC, Thailand Official Information Commission, Thailand STOP

  2. Tension & concurrent • Right to Know • Right of Privacy Official Information Commission, Thailand

  3. Privacy Protection under Official Information Act, 1997 Constitutional Framework 1 Duties of State Agencies 5 What is Privacy or Personal Information? 2 6 Dissemination without Consent (Sec. 24) Examples 3 7 Rights of Information Subject Problems 8 4 Elements of Personal Information Official Information Commission, Thailand

  4. Constitutional Framework 1. Human Dignity (Art.4) 2. Fundamental Rights and Liberties (Art.4) 3. Right of Privacy (Art.34) 4. Right to Know (Art.58) Official Information Commission, Thailand

  5. ิRight to Know Section 34“A person shall have the right to get access to public information in possession of a State agency, State enterprise or local government organization, unless the disclosure of such information shall affect the security of the State, public safety or interests of other persons which shall be protected as provided by law” Official Information Commission, Thailand MENU STOP

  6. Right to Privacy Section 34“A person’s family rights, dignity, reputation or the right of privacy shall be protected. • The assertion or circulation of a statement or picture in any manner whatsoever to the public, which violates or affects a person's family rights, dignity, reputation or the right of privacy, shall not be made except for the case which is beneficial to the public”. Official Information Commission, Thailand MENU STOP

  7. 2. Meaning of Personal Information “Personal Information” means : (Sec. 4 para 5) Information relating to all the particular private matters of a person which contain indications identifying that person, such as educational, financial, health record, criminal record or employment record, which contains the name of such person or contains a numeric reference, code or such other indications. Official Information Commission, Thailand MENU STOP

  8. 3. Examples • Traveling Abroad • Hospital Records • University • Nationality • Associations • Schools • Occupations • Social Records • Hotels • Rents • Air Tickets • Military Records • Lecturers • Postal Records • Insurance • TAX • Defendants • Libraries Official Information Commission, Thailand

  9. 3. Examples • Traveling Aboard • Hospital Records • University • Nationality • Associations • Schools • Occupations • Social Records • Hotels • Rents • Air Tickets • Military Records • Lecturers • Postal Records • Insurance • TAX • Defendants • Libraries Official Information Commission, Thailand MENU STOP

  10. 4. Core Elements of Personal Informationaccording to Official Information Act, 1997 • particular private matters • Personal Information • indications identifying certain person พรบ. ข้อมูลฯ ม. 4 Official Information Commission, Thailand MENU STOP

  11. 5. Duties of State Agencies Collection only by Necessity, Termination by Unnecessity, Constantly Update, Provision of Security ( Sec. 23) 5.1 Direct Collection from the Subject (Sec.23) 5.2 Publication of Types, nature and Process of Inspection in Governmet Gasette (Sec.23) 5.3 Disclosure only by Consent of the Data Subject (Sec.24) 5.4 Inspection by Subject of Information (Sec. 25) 5.5 Correction (Sec. 25) 5.6 Official Information Commission, Thailand MENU STOP

  12. 6. Dissemination without Consent (Sec. 24) permissible only by Official Uses by Officials in Charge 6.1 Normal Uses 6.2 For statistic or planning purposes 6.3 Scientiffic uses 6.4 For evaluation by National Achives 6.5 prevention of Offences or Law Enforcement 6.6 Necessity to safe Life or Safety of others 6.7 disclosure to officials authorized by law 6.8 Other cases prescribed by Royal Decree 6.9 Official Information Commission, Thailand MENU STOP

  13. 7. Rights of Information Subjects Right to inspect and ask for a copy (Sec.25) 7.1 7.2 Right to know and oppose the disclosure of information related to him (Sec.17) Right to disagree to disclosure (Sec.24) 7.3 7.4 Right to demand for correction or alteration (Sec. 25) Right to demand for Info Security (Sec.23) 7.5 Right to complain (Sec.13) and appeal (Sec.25 para3) 7.6 Right to claim for Damages 7.7 Official Information Commission, Thailand MENU STOP

  14. 8. Problems 1. Entrance Examination Results 2. Investigative Report 3. Business Contract 4. Personal Evaluation Letters Official Information Commission, Thailand MENU STOP

  15. ขอบคุณ THANK YOU! www.thaigov.oic.go.th Official Information Commission, Thailand MENU STOP

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