Data Protection Law by Robert Walters & Leon Trakman & Bruno Zeller

Author:Robert Walters & Leon Trakman & Bruno Zeller
Language: eng
Format: epub
ISBN: 9789811381102
Publisher: Springer Singapore

Section 41 also provides that a person and community shall have the right to be informed and have access to public data or information in possession of a state agency as provided by law.33 Furthermore, section 41 goes onto say that at present a petition to a State agency by an individual is to be informed of the result of its consideration in due time. It also leave open the possibility for an individual to take legal action against a State agency as a result of an act or omission of a government official or employee of the State agency.34 Furthermore, section 59 of the Constitution provides that the state shall disclose any public data or information in the possession of a state agency, which is not related to the security of the state or government confidentiality as provided by law. Additionally, the state agency shall ensure that the public can conveniently access the data or information.35 As highlighted there is little recognition of privacy or personal data in Thai law. In this context, the disclosure or transfer of data is considered a wrongful act if it causes harm to the data owner. Not having specific data protection laws in place, as most countries within the region have, could result in Thailand being left out of region’s economic activity.

Notwithstanding the above, Thailand is signatory to the International Covenant on Civil and Political Rights 196636, the International Covenant on Economic, Social and Cultural Rights 197637 and the ASEAN Human Rights Declaration. They all provide a level of protection in relation to personal privacy. The Declaration goes some way to setting the basis for broader consideration and acceptance that personal data and privacy are interrelated and need a level of protection.

Today, the Electronic Transactions Act B.E. 2544, 2001 (EIT) manages the electronic transaction(s) of civil and commercial data within the state of Thailand. Therefore, the discussion regarding Thailand will be limited. The Act ensures there is a standard process for the use and recognition of electronic signatures.38 The Act does not set out any core principles that have been highlighted in past chapters relating to personal data however, the law goes some way to ensuring data messages are transacted according to the principles of integrity and accuracy. The current framework in Thailand,39 while limited, requires state agencies to establish an information security policy and a practice statement to ensure notifications are obtained, and approved by the Commission.

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.