The 1 June 2022 effective date of key operative provisions of the Personal Data Protection Act B.E. 2562 (2019) ("PDPA") is fast approaching, with no indication as yet that it will be postponed further (New Effective Date) following two postponements in 2020 and 2021. For more information, click here to refer to our May 2021 Legal Update on the further postponement of the implementation deadline of the PDPA from 1 June 2021 to 1 June 2022.
Recent media reports have indicated that industry groups are seeking a further postponement, with the Joint Standing Committee on Commerce, Industry and Banking (JSCCIB) comprising of the Federation of Thai Industries, the Thai Bankers' Association and the Board of Trade of Thailand, proposing the view that it should be postponed for a further two-year period.
Full implementation of the PDPA requires the issuance of subordinate laws by the Personal Data Protection Commission ("PDPC"). After a long delay, the members of the PDPC were formally appointed on 11 January 2022 (as announced in the Government Gazette on 18 January 2022 with retroactive effect). The PDPC consists of the following:
- Chairman (Mr. Thienchai Na Nakorn);
- Vice-Chairman (the Permanent Secretary of the Ministry of Digital Economy and Society);
- Five ex-officio committee members (comprising 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);
- Nine honorary committee members (in the fields of personal data protection, consumer protection, IT and communication, social science, law, health, finance and any other field that must be relevant to, and useful for the protection of personal data); and
- The Secretary-General of the PDPC.
Efforts are now reportedly underway to recruit members of the Office of Personal Data Protection Commission, which will be a government agency with the status of a juristic person. Its role will be to promote and support the development of personal data protection.
