Thailand Law Library

by Thailand Lawyer

There shall be a Personal Data Protection Committee, consisting of:

1. A Chairperson who is selected and appointed from the persons having distinguished knowledge, skills, and experience in the field of Personal Data protection, consumer protection, information technology and communication, social science, law, health, finance, or any other field that must be relevant to, and useful for, the protection of Personal Data;
2. The Permanent Secretary of the Ministry of Digital Economy and Society shall be a Vice-Chairperson;
3. Directors by position as five members consisting of the Permanent Secretary of the Prime Minister Office, the Secretary-General of the Council of State, the Secretary-General of the Consumer Protection Board, the Director-General of the Rights and Liberties Protection Department, and the Attorney General;
4. Honorary directors as nine members, selected and appointed from the persons having distinguished knowledge, skills, and experience in the field of Personal Data protection, consumer protection, information technology and communication, social science, law, health, finance, or any other field that must be relevant to, and useful for, the protection of Personal Data.

The Secretary-General shall be a director and secretary, and may appoint assistant secretaries from the officials of the Office not exceeding two persons.

The rules and procedures on the selection of persons to be appointed as Chairperson and honorary directors, including the selection of replacements for those who vacate office before the expiration of the term under Section 13, shall be as prescribed by the notification issued by the Cabinet, taking into account transparency and fairness in the selection.

There shall be a selection committee of eight members having the duty to select the appropriate persons who should be appointed as the Chairperson in Section 8(1) or the honorary director in Section 8(4), consisting of:

1. Two persons appointed by the Prime Minister;
2. Two persons appointed by the President of the Parliament;
3. Two persons appointed by the Ombudsman; and
4. Two persons appointed by the National Human Rights Commission.

In the event that any of the appointing authorities under (2), (3), or (4) fails to appoint members within forty-five days from the date of notice from the Office, the Office shall nominate persons to the Prime Minister for appointment on behalf of such authority.

The selection committee shall select one member to act as Chairperson and another as Secretary, and the Office shall perform the duties as the administrative unit of the selection committee.

In the event that any member of the selection committee vacates office, a new member must be selected without delay. During such vacancy, the selection committee shall consist of the remaining members.

No member of the selection committee shall be entitled to be nominated as the Chairperson in Section 8(1) or honorary director in Section 8(4).

In selecting the Chairperson in Section 8(1) or honorary directors in Section 8(4), the selection committee shall select persons who possess the qualifications in Section 8(1) or Section 8(4), as the case may be, and who meet the qualifications and have no prohibited characteristics under Section 11, and who agree to be nominated in the same number as required for appointment.

After the Chairperson and honorary directors have been selected, the selection committee shall submit their names together with evidence of qualifications, confirmation of no prohibited characteristics, and written consent to the Cabinet for appointment.

The Prime Minister shall publish the names of the appointed Chairperson and honorary directors in the Government Gazette.

The Chairperson and honorary directors shall have the following qualifications and shall not possess any of the prohibited characteristics:

1. Being of Thai nationality;
2. Not being bankrupt, or having been dishonestly bankrupt;
3. Not being an incompetent or quasi-incompetent person;
4. Not having been subjected to a final judgment of imprisonment, regardless of whether imprisonment has been served, except for an offence committed by negligence or a misdemeanor;
5. Not having been fired, dismissed, or discharged from official service, a government agency, state enterprise, or private agency on the grounds of dishonesty or serious misconduct;
6. Not having been removed from office according to the law; and
7. Not being a person holding a political position, a member of local assembly, or in a management position of local administration, a director or person responsible for management of a political party, or an adviser or officer of a political party.

The Chairperson and honorary directors shall hold office for a term of four years.

Upon expiration of the term, if a new Chairperson or honorary director has not yet been appointed, the incumbent shall continue performing duties until a replacement assumes office.

The Chairperson or honorary director who vacates office upon expiration of the term may be reappointed but shall not serve for more than two consecutive terms.

In addition to vacating office upon expiration of the term under Section 12, the Chairperson and honorary directors vacate office upon:

1. Death;
2. Resignation;
3. Being dismissed by the Cabinet due to negligence in duty, disgraceful behavior, or incapability; or
4. Being disqualified or having any prohibited characteristic under Section 11.

In the case of vacancy before the expiration of the term, the replacement shall serve for the remaining term, except when the remaining term is less than ninety days, in which case a new appointment may not be required.

In such case, the Committee shall consist of the existing members until a new Chairperson or honorary director is appointed. If the Chairperson vacates office before expiration of the term, the Vice-Chairperson shall temporarily perform the duties of the Chairperson.

At a meeting of the Committee, the presence of not less than one-half of all members is required to constitute a quorum.

The Chairperson shall preside over the meeting. In the absence or incapacity of the Chairperson, the Vice-Chairperson shall preside. If both are absent or unable to act, the attending members shall elect one among themselves to preside over the meeting.

Decisions shall be made by majority vote. Each member shall have one vote. In case of a tie, the presiding chairperson shall have an additional casting vote.

Meetings of the Committee may be conducted by electronic means or any other means as prescribed by the Committee.

Any member having a direct or indirect interest in the matter under consideration shall disclose such interest prior to the meeting and shall not attend that portion of the meeting.

The Committee shall have the following duties and powers:

1. To make a master plan on the promotion and protection of Personal Data, coherent with national policies, strategies, and relevant plans, to be proposed to the Committee of the National Digital Economy and Society;
2. To promote and support government and private sector activities in accordance with the master plan and evaluate their results;
3. To determine measures or operational guidelines related to Personal Data protection in compliance with this Act;
4. To issue notifications or rules for the execution of this Act;
5. To establish criteria for the protection of Personal Data transferred to foreign countries;
6. To provide guidance for Personal Data protection that Data Controllers and Data Processors shall comply with;
7. To recommend to the Cabinet the enactment or amendment of laws relating to Personal Data protection;
8. To recommend to the Cabinet the enactment of Royal Decrees or the review of this Act’s suitability at least every five years;
9. To advise government and private agencies on compliance with this Act;
10. To interpret and issue rulings on issues arising from the enforcement of this Act;
11. To promote public education and understanding on Personal Data protection;
12. To promote and support research for developing technology related to Personal Data protection; and
13. To perform other acts prescribed by this Act or other laws stating the duties and powers of the Committee.

The Chairperson, Vice-Chairperson, and Committee members shall receive meeting allowances and benefits as prescribed by the Cabinet.

The Chairperson and members of sub-committees, expert committees, and similar bodies appointed by the Committee shall receive meeting allowances and benefits as prescribed by the Committee with approval from the Ministry of Finance.

The Committee shall have the power to appoint sub-committees to consider or perform any act as prescribed by the Committee.

In the meeting of a sub-committee, the provisions of Sections 14 and 15 shall apply mutatis mutandis.