Thailand Law Library

by Thailand Lawyer

There shall be an Office of the Personal Data Protection Committee, whose objectives are to protect Personal Data, encourage, and support the country’s development regarding Personal Data protection.

The Office shall act as a government agency, with the status of a juristic person. The Office shall not be deemed a public sector under the law on administrative organization of the state, or a state enterprise under the law on budget procedures or other laws.

The Office’s operation shall not be governed by the laws on labor protection, labor relations, state enterprise labor relations, social security, and workmen’s compensation. However, the staff and employees of the Office shall be entitled to compensation at the rate not less than the rate stipulated by the laws on labor protection, social security, and workmen’s compensation.

The Office shall be deemed a government agency under the law on tort liability of government officials.

In addition to the Office’s duty to carry out its operations to achieve the objectives as set out in Section 43 paragraph one, the Office shall have the duty to perform academic and administrative tasks for the Committee, the commission supervising the Office of Personal Data Protection Committee, the expert committee, and the sub-committee. The Office shall also have the following duties and powers:

1. To draft the master plan on the operation for the promotion and protection of Personal Data, coherent with national policies, strategies, and relevant plans, and to propose corrective measures to the Committee.
2. To promote and support research for the development of technology relating to Personal Data protection.
3. To analyze and verify compliance with standards, measures, or supervision mechanisms in connection with Personal Data protection, as well as to review and certify the Personal Data protection policy according to Section 29.
4. To conduct surveys, collect information, and analyze data protection trends to propose to the Committee.
5. To liaise with government, state enterprises, local administrations, and other organizations regarding Personal Data protection.
6. To provide consultation to government and private agencies in compliance with this Act.
7. To act as the center providing academic and public services related to Personal Data protection, and promote knowledge and understanding.
8. To establish course outlines and provide training for Data Controllers, Data Processors, data protection officers, employees, service providers, and the public.
9. To enter into agreements and cooperate with domestic and international organizations, upon obtaining Committee approval.
10. To follow-up on and evaluate compliance with this Act.
11. To carry out other duties as assigned by the Committee or prescribed by law.

1. To hold, possess, and manage properties and rights.
2. To enter into all kinds of juristic acts for the Office’s operations.
3. To provide and allocate funding to support the Office’s functions.
4. To impose fees or service charges in accordance with the criteria and rates approved by the commission supervising the Office.
5. To perform any other acts assigned or prescribed by law.

1. Initial government budget under Section 94 paragraph one;
2. Annual general government grants;
3. Subsidies from domestic or international organizations;
4. Fees, service charges, and other revenues from operations;
5. Interest or other income from Office properties.

The funds and properties of the Office shall be submitted to the Ministry of Finance as public revenue.

The immovable properties acquired through purchase or exchange using the Office’s revenue under Section 46(4) or (5) shall be under the Office’s ownership.

There shall be a commission supervising the Office of Personal Data Protection Committee consisting of a Chairperson, the Permanent Secretary of the Ministry of Digital Economy and Society, the Secretary-General of the Office of the National Digital Economy and Society Commission, and six honorary directors appointed for their expertise in Personal Data protection and related fields.

The Secretary-General shall serve as a director and secretary, with up to two assistant secretaries from the Office’s officials.

Sections 11 and 13 apply mutatis mutandis to the Chairperson and honorary directors.

There shall be an eight-member selection committee appointed by the Committee to select suitable candidates for Chairperson and honorary director positions.

The selection committee shall elect one Chairperson and one Secretary among themselves, and the Office shall serve as its administrative unit.

If a vacancy occurs, it shall be promptly filled. Members of the selection committee are not eligible for nomination as Chairperson or honorary directors.

The Committee shall prescribe transparent and fair rules for the selection process.

Candidates must meet the qualifications under Section 48 and consent to nomination. Selected names and supporting documents shall be submitted to the Committee for appointment.

The appointments shall be published in the Government Gazette.

The Chairperson and honorary directors shall serve a four-year term and may be reappointed, but not for more than two terms. New appointments shall occur within 60 days of term expiration.

In case of early vacancy, existing members shall continue serving until replacements are appointed. If the Chairperson vacates office, the Permanent Secretary of the Ministry of Digital Economy and Society shall act temporarily.

A quorum requires at least half the members. The Chairperson presides, or if absent, a temporary chairperson is elected. Decisions are made by majority vote, with the chairperson having a casting vote.

Meetings may be conducted electronically as prescribed by the Committee.

1. To prescribe administrative policies and approve operational plans.
2. To issue internal rules on organization, finance, human resources, and welfare.
3. To approve annual plans and budgets.
4. To supervise the administration of the Office and the Secretary-General.
5. To appoint a selection committee for the Secretary-General.
6. To decide on appeals regarding administrative orders of the Secretary-General.
7. To evaluate the Office’s and Secretary-General’s performance.
8. To perform any other related duties prescribed by law or assigned by the Committee or Cabinet.

Restrictions on the Secretary-General’s authority in entering juristic acts must be published in the Government Gazette.

The supervisory commission may appoint sub-committees and advisors as necessary. Their duties and numbers shall follow the commission’s resolutions. Meeting procedures shall apply mutatis mutandis to Section 53.

The Chairperson, members, advisors, and sub-committee members shall receive allowances and benefits as prescribed by the Committee with the approval of the Ministry of Finance.

There shall be a Secretary-General appointed by the supervisory commission to administer the Office in accordance with prescribed rules and recruitment procedures.

1. Thai nationality;
2. Age between 35 and 60 years;
3. Knowledge, skills, and experience relevant to the Office’s mission and administration.

1. Being bankrupt or dishonestly bankrupt;
2. Being incompetent or quasi-incompetent;
3. Having a final judgment of imprisonment (except for negligence or misdemeanor);
4. Being a government or state enterprise employee or local official;
5. Being or having been a political office holder or local administrator (unless discharged for over one year);
6. Being or having been a political party officer (unless discharged for over one year);
7. Dismissal or removal for dishonesty or severe misconduct;
8. Failure to pass performance evaluation under Section 62(4);
9. Having a direct or indirect interest in related businesses.

The Secretary-General serves a four-year term and may be reappointed once. Selection of a new Secretary-General must occur within 60 days before or after the vacancy.

The Secretary-General’s performance shall be evaluated annually according to methods prescribed by the supervisory commission.

1. Death;
2. Resignation;
3. Disqualification or prohibited characteristics;
4. Dismissal for failure, misconduct, or incapacity.

1. To manage the Office in line with national and organizational policies.
2. To issue internal regulations consistent with laws and Cabinet policies.
3. To supervise and evaluate Office staff and employees.
4. To appoint Deputy and Assistant Secretary-Generals with commission approval.
5. To manage staffing matters including hiring, promotion, discipline, and dismissal.
6. To perform duties prescribed by the supervisory commission’s policies and regulations.

The Secretary-General is directly responsible to the supervisory commission.

The Secretary-General shall represent the Office in dealings with third parties and may delegate authority as prescribed.

The supervisory commission shall determine the salary and benefits of the Secretary-General in accordance with Cabinet rules.

The Secretary-General may request public officials or state enterprise employees to work temporarily in the Office, with supervisor approval. Their service time shall count toward their original employment benefits.

Officials working for the Office under scholarship obligations shall be deemed to have fulfilled such obligations, and the work period shall be counted accordingly if transferred back to their original agency or another approved government agency.

The Office shall maintain accounts in accordance with international standards, following forms and rules prescribed by the supervisory commission.

The Office shall prepare annual financial statements within 120 days after fiscal year-end. The Government Audit Office or an approved certified public accountant shall audit and report to the supervisory commission.

The Office shall prepare an annual operation report within 180 days of the fiscal year-end and submit it to the supervisory commission and the Minister. It shall also be made public.

The report shall include the audited balance sheet, achievements, and performance evaluation by a third-party approved by the supervisory commission.