Thailand Law Library

by Thailand Lawyer

The Data Controller shall not collect, use, or disclose Personal Data, unless the data subject has given consent prior to or at the time of such collection, use, or disclosure, except the case where it is permitted to do so by the provisions of this Act or any other laws.

A request for consent shall be explicitly made in a written statement, or via electronic means, unless it cannot be done by its nature.

In requesting consent from the data subject, the Personal Data Controller shall also inform the purpose of the collection, use, or disclosure of the Personal Data. Such request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an easily accessible and intelligible form and statements, using clear and plain language, and does not deceive or mislead the data subject in respect to such purpose. In this regard, the Committee may require the Data Controller to request for the data subject's consent in accordance with the form and statements as prescribed by the Committee.

In requesting consent from the data subject, the Data Controller shall utmost take into account that the data subject's consent is freely given. Also, the entering into the contract, including any provisions of the service, shall not be a condition to obtaining consent for the collection, use, or disclosure of Personal Data that is not necessary or not related to such contract entering, including the provisions of the service.

The data subject may withdraw his or her consent at any time. The withdrawal of consent shall be as easy as giving consent, unless there is a restriction of the withdrawal of consent by law, or the contract which gives benefits to the data subject. However, the withdrawal of consent shall not affect the collection, use, or disclosure of personal data that the data subject has already given consent to legally under this Chapter.

In the event that the withdrawal of consent will affect the data subject in any manner, the Data Controller shall inform the data subject of such consequences of consent's withdrawal.

The request for the data subject’s consent which is not in accordance with those prescribed in this Chapter shall have no binding effect on the data subject and shall no longer enable the Data Controller to collect, use, or disclose the Personal Data.

In the event that the data subject is a minor who is not sui juris by marriage or has no capacity as a sui juris person under Section 27 of the Civil and Commercial Code, the request for the consent from such data subject shall be made as follows:

1. In the event that the minor’s giving of consent is not any act which the minor may be entitled to act alone as prescribed under Section 22, Section 23, or Section 24 of the Civil and Commercial Code, such act also requires consent of the holder of parental responsibility over the child.
2. Where the minor is below the age of ten years, the consent shall be obtained from the holder of parental responsibility over the child.

In the event that the data subject is incompetent, the consent must be obtained from the custodian who has the power to act on behalf of the incompetent person.

In the event that the data subject is quasi-incompetent, the consent must be obtained from the curator who has the power to act on behalf of the quasi-incompetent person.

The provisions of paragraphs one, two and three shall apply mutatis mutandis to the withdrawal of consent of the data subject, the notice given to the data subject, the exercise of rights of the data subject, the complaint of the data subject, and any other acts under this Act for the data subject who is a minor, an incompetent or quasi-incompetent person.

The Data Controller shall collect, use, or disclose Personal Data according to the purpose notified to the data subject prior to or at the time of such collection.

The collection, use, or disclosure of Personal Data shall not be conducted in a manner that is different from the purpose previously notified to the data subject in accordance with paragraph one, unless:

1. The data subject has been informed of such new purpose, and the consent is obtained prior to the time of collection, use, or disclosure; or
2. It can be done by the provisions of this Act or in other laws.