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The procedure for making Personal Data Protection Act complaint
20/09/2022
The Personal Data Protection Committee (PDPC) recently issued a regulation which establishes the procedures for filing and processing data subjects’ complaints under the Personal Data Protection Act B.E. 2562 (2019) (PDPA). The Regulation Re: Complaint Filing, Rejection, Termination, Consideration, and the Period for the Consideration of the Complaint B.E. 2565 (2022) came into effect on July 12, 2022.
In this article we will explain the requirements and procedures for the filing and processing a Personal Data Protection Act complaint.
Key points
- A new regulation has been introduced outlining the requirements and procedures for submitting a complaint due to a breach of the PDPA.
- Complaints will be assessed by the “Expert Committee”.
- The complaint may be made in written or electronic form.
- The complaint must use clear, plain, polite, and appropriate language, and must not give an impression of being directly or indirectly extorting or intimidating.
What is the PDPA?
The PDPA is a law that prevents the infringement of a data subject’s personal information. The PDPA will be applied to any collection, use or disclosure of personal data obtained by a data controller or data processor within Thailand. However, when a data controller or data processor is located outside of Thailand, the PDPA will still apply if the data subject whose data is collected, used or disclosed is located in Thailand.
Submitting a complaint
A data subject who wishes to make a complaint under the PDPA can submit it to the Expert Committee, directly at the Office of PDPC.
Complaints can be sent to the office by post or electronically.
The Expert Committee is the body established by the PDPA in order to handle any complaints and impose administrative penalties should they be deemed necessary.
The written or electronic complaint must use clear, plain, polite, and appropriate language, and must not give an impression of being directly or indirectly extorting or intimidating. The complaint must include the following information:
- Name, address, and telephone number or email address of the complainant (or an authorized representative), together with identification card, passport, or other official identification document (plus a power of attorney if submitted by a representative);
- Details and facts of the noncompliance with or violation of the PDPA;
- Details of resulting damages or impact;
- Supporting evidence (e.g., documentary evidence, physical evidence, witness statements); and
- Action desired of the offender.
Finally, the complaint must include a statement certifying its integrity and adherence to the truth. The statement must be signed by the complainant or an authorized representative.
Complaint Consideration
After a complaint has been submitted, the receiving official will verify that the complaint is complete and adheres to the requirements listed above. The official will then issue a receipt to the complainant.
A preliminary examination of the complaint will be made within 15 days before proposing it to the Expert Committee through the secretary-general of the PDPC for further consideration.
In their examination, the committee will look to prove:
- whether the action set out in the complaint constitutes noncompliance with or a breach of the PDPA;
- whether there are grounds for filing the complaint, and whether the complaint is substantive and reasonable;
- whether the complaint is within the scope of the Expert Committee’s authority; and
- whether the duties and power for considering the complaint are subject to any other law or authority.
The Expert Committee may reject a complaint for various reasons. Examples include:
- the complaint does not relate to noncompliance with or violation of the PDPA,
- if the complaint includes incomplete information or supporting documents,
- if the complaint refers to a previously settled complaint.
After the Expert Committee has finished its consideration of the complaint, they may come to the conclusion that the complaint is negotiable. Should the committee arrive at this conclusion, it may ask the complainant and the offender to enter into negotiations to arrive at a mutual settlement instead of imposing administrative penalties themselves.
The Expert Committee aims to typically finish their consideration of the complaint within 90 days of its first meeting. This period may be extended twice, for up to 60 days each time with the approval of the PDPC.
Outcomes
Once the examination has been completed by the Expert Committee, they will notify the complainant of the outcome and provide their reasoning for this decision.
Should the complaint be rejected or dismissed because it falls within the authority of another law or authority, the complainant may then submit the complaint to that authority for consideration.
If the complaint is found to be not negotiable, or the parties fail to reach an amicable settlement, the Expert Committee will consider the complaint and may impose administrative penalties on the data controller or processor in accordance with the PDPA.
How can Belaws help?
If you need more information about the PDPA and how to ensure full compliance, you can talk directly to one of our experts.
Please note that this article is for information purposes only and does not constitute legal advice.
Our consultations last for a period of up to 1 hour and are conducted by expert Lawyers who are fluent in English, French and Thai.
Consultations can be hosted via WhatsApp or Video Conferencing software for your convenience. A consultation with one of our legal experts is undoubtedly the best way to get all the information you need and answer any questions you may have about your new business or project.
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Frequently asked questions
Can foreigners open a restaurant in Thailand?
Foreigners cannot 100% own a restaurant in Thailand as stipulated by the Foreign Business Act. A Thai company which has at least one Thai national shareholder (who owns > 50% of the shares) must be used.
How do I open a restaurant in Thailand?
- Choose the business location for your restaurant and enter into a lease agreement.
- Identify the right company structure for your business and complete the registration process.
- VAT registration.
- Acquire the relevant visas and work permits.
- Apply for the relevant business licenses.
Can foreigners Open business in Thailand?
Yes, it is possible for for foreigners to open a business in Thailand. However, it is important to note that Thailands Foreign Business Act prohibits certain business activities from being performed by 100% foriegn owned companies.
Can a foreigner open a bar in Thailand?
Yes, but as with a restaurant it cannot be a 100% foriegn owned business and a Thai company which has at least one Thai national shareholder (who owns > 50% of the shares) must be used.
Is Thailand a good place to start a business?
Over the years, Thailand has developed an effective pro-investment policy, supported by an enterprising Board of Investment (BOI). Particular emphasis has been placed on free trade and tax incentives. As a business-friendly destination, foreign investors and entrepreneurs in Thailand can benefit from a large number of privileges actively sponsored by the government, such as exemption from corporate tax or exemption or reduction of import duties. Non-tax benefits include the right to own land through a Thai limited company or the ability to own all the shares in a company by obtaining a foreign business license or a BOI promotion.
How much does it cost to open a business in Thailand?
Incorporating a Private Limited Company in Thailand with Belaws starts at 20,000 THB (excluding VAT).
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