Maximum Penalty: up to 1 year imprisonment or up to Baht 1 million fine or both Key Issues and Effect “Privacy” “Collection, Use and Disclosure of Personal Data” “Right of the Owner of Personal Data” • Distribution / Sale of Customer’s Data without authorization • Does the sale of a name list of the owner of Personal Data breach this Act? • Pre-caution for the Personal Data Controller and the Personal Data Processor on using Personal Data under this Act • Issues on how to use and disclose Personal Data • Issues on “employee” of which the employer and HR need to be aware • Compensation
Guest Lecturer : Experienced Legal Counsel in Government And Private Sector
Topics
1. Understand the Personal Data Protection Act B.E. 2562 (2019) (“PDPA”)
2. Definitions and meaning of “Personal Data”, “Personal Data Controller”,“Personal Data Processor” and “Owner of Personal Data” • Scope of Personal Data • Types of “Personal Data” to be protected under the PDPA • Power of Personal Data Controller • Can the rights of the Owner of Personal Data be inherited to the successors?
3. Collection, Use, Disclosure, Amendment or any other actions towards Personal Data • How to obtain a prior consent from the Owner of Personal Data • Issues on warning and informing the Owner of Personal Data – a consent is required? , when? (“before” or “during”) • Details of information to be informed to the Owner of Personal Data • Types of consent of the Owner of Personal Data, Types of Personal Data which require no consent and no prior informing • Can Personal Data be collected from other sources? • Types of Personal Data which are prohibited for collection • Exception from consent on collection of Personal Data • Prohibition on collection of unauthorized Personal Data • Does the sale of Personal Data breach this Act? • How to give a safe consent of the Owner of Personal Data • Duration of consent
4. Issues on obtaining a consent from the Owner of Personal Data with respect to capacity of natural person – How? • Child or Minor • Incompetent person • Quasi-incompetent person
5. Issues on Use or Disclosure of Personal Data – How? • Sending abroad the Personal Data • How to get a consent from the Owner of Personal Data when using or disclosing the Personal Data • Sending Personal Data to the groups, affiliates or others • Organizations or Authorities that are not subject to the PDPA – what are the rights of the Owner of Personal Data? • Rights to access to and receive a copy of Personal Data • Examination of Personal Data by the Owner of Personal Data • Examination of the use of Personal Data • Protection criteria and violation of Personal Data • Objection rights on collection, use or disclosure • Rights to require a deletion or termination
6. Issues on “Personal Data Controller” under the PDPA • Who is “Personal Data Controller”? Why important? • Roles and duties of the Personal Data Controller
7. Issues on “Employee” that affect the employer and HR under the PDPA • Types of Personal Data of employee under the protection of the PDPA in which the employer and HR have to be aware of • Scope of Personal Data of employee written in the application or informed the employer when applying for a work
8. Scope of Requesting Personal Data from other organizations of the employer
9. Civil Liability, Criminal Liability and Penalty • Compensation • Imprisonment and fine • Injury against reputation or fame, insult or loathe
10. Morals, Ethics and Conducts of Accounting Professional
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