THAILAND Law and Practice Contributed by: Nam-Ake Lekfuangfu, Theeranit Pongpanarat, Praween Chantanakomes and Panitan Pruksakasemsuk, Baker McKenzie
6. Conclusion and Outcome of an HR Internal Investigation 6.1 Deciding to End an HR Internal Investigation There are no rules governing when an HR internal investigation may be ended; this may be subject to the facts of the specific investigation. 6.2 Procedure for Ending an HR Internal Investigation There are no rules governing the procedures that must be followed once the decision to end an HR internal investigation has been made. 6.3 Conclusion There are no rules governing the form that the con - clusion of an HR internal investigation must take. The standards of the conclusion may therefore be subject to the requirements of the individual company. 6.4 Reports There are no rules governing the types of information that must be included in written reports prepared as part of an HR internal investigation. The information that is included in any such report may therefore be subject to the requirements of the individual company. 6.5 Information There are no requirements for any specific parties to receive information regarding the outcome of an HR internal investigation, nor are there any rules that give parties the right to request access to written reports prepared as part of an HR internal investigation. It may therefore be up to the individual company to decide whether it discloses any information regarding the outcome of an HR internal investigation, including any written reports. 6.6 Communications to Authorities There are no requirements for the conclusions of an HR internal investigation to be communicated to the authorities. In the absence of such requirement, it may not be necessary to provide such information to any authorities. However, when an HR internal investigation results in a company finding that it and/or its employees have
committed a specific offence under any relevant laws, whether or not the company has a duty to self-report or disclose any such offence may depend on the spe - cific offence. 6.7 Other Communications There are no requirements for the conclusions of an HR internal investigation to be communicated to other parties. 6.8 Disciplinary Measures Appropriate disciplinary measures/actions shall be taken based on what is prescribed in the employer’s internal policies/regulations. 6.9 Other Measures It is possible that the employer may take other meas - ures following an HR internal investigation; such measures will depend on the findings or conclusions of the investigation. For example, the employer may provide training to the employees to prevent similar types of misconduct from occurring. The employer may be able to collect the personal data of employees (or other third-party individuals) for the purposes of an HR internal investigation. The collection, use, disclosure and/or other processing of personal data will be subject to the requirements of the PDPA. 7.2 Specific Rules Please see 7.1 Collecting Personal Data . 7.3 Access Access to personal data will be subject to the require - ments of the PDPA. More specifically, any party that wishes to access the personal data may require the consent of the data subject. 7.4 AI It is not common to use AI directly in conducting investigations. However, AI may still be used in assist - ing the investigator or legal counsel, such as analysing 7. Data Protection 7.1 Collecting Personal Data
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