August 22, 2023
On August 17, 2023, the Thai government rolled out a royal decree that provides certain exemptions to data controllers’ obligations under the Personal Data Protection Act B.E. 2562 (PDPA). The royal decree, which will come into effect after the lapse of 150 days from its publication in the Government Gazette, reflects the government’s ongoing quest to strike a balance between privacy, state interests, and the data protection regulatory burden on organizations.
The royal decree seeks to clarify the circumstances in which data controllers—including business operators and state agencies—are exempt from certain PDPA requirements on the collection, use, and disclosure of personal data and data subject rights. In doing so, it establishes three foundational pillars in considering exemptions:
Collection or requests for personal data are to be for the public interest pursuant to the purpose and scope prescribed by any law authorizing a state agency to carry out a certain action, without imposing an undue burden on the data controller responsible for disclosing the personal information.
Data controllers can share personal data without the data subject’s consent if legally authorized state agencies request it and specify the statutory provisions granting authority to request the data.
Data subjects and data controllers of requested personal data must have the right to submit complaints to the PDPA’s Expert Committee or seek its expertise for clarification or determination.
Under the three foundational pillars, data controllers will be partially exempted from certain requirements under the PDPA when the following state agencies request personal data:
The National Anti-Corruption Commission or other government entities with mandates aligned with anticorruption laws;
The Revenue Department, Customs Department, Excise Department, or other governmental units operating under taxation laws;
Local governmental bodies recognized by the Personal Data Protection Committee (PDPC), or any government unit with mandates as per the laws related to land and building taxation;
The Secretariat of the