THAILAND Law and Practice Contributed by: Pranat Laohapairoj, Suphakorn Chueabunchai and Pitchaya Roongroajsataporn, Chandler Mori Hamada
authorities to issue the standard form or guide - line for their operators to follow. 1.2 Regulators The Personal Data Protection Committee (PDPC) is a supervising authority under the PDPA, while the PDPA established the Office of the PDPC to support the PDPC in developing and facilitating enforcement. Under the PDPA, the PDPC shall have several duties, such as: • providing a master plan of operation for the promotion and protection of personal data; • promoting and supporting government agen - cies and private sectors in order to conduct evaluation of the operational results of such master plan; • determining measures or guidelines of the operation in relation to data protection, in order to comply with the PDPA; • issuing notifications or rules for the execution of the PDPA; and • providing advice or consultancy for any per - sons. In addition, the PDPC shall appoint expert com - mittees to consider any complaints under the PDPA, including investigating any act in con - nection with personal data, settling disputes and carrying out any act assigned by the PDPC. 1.3 Enforcement Proceedings and Fines As mentioned in 1.2 Regulators , the expert committee will consider and investigate any complaints on behalf of the PDPC in accordance with the PDPC’s rules. If any complaint does not comply with such rules, the expert committee shall not accept such complaint for considera - tion. If the expert committee’s consideration or inves - tigation finds that such complaint can be settled,
and if the relevant parties are willing to settle, the expert committee must proceed with the dispute settlement before issuance of any order mandat - ing the operator (either the controller or proces - sor) to perform or rectify their act, or prohibiting the operator from carrying out an act that would cause damage to the data subject. If the operator does not then comply with the expert committee’s order, the administrative pro - cedure will be applied (including the power to order seizure, attachment and sale by auction as allowed by law). The expert committee’s order shall be final. Any party may appeal such order in accordance with the administrative procedure within 15 days after receiving such order. In this regard, a PDPC Notification on Admin - istrative Penalties relates to the enforcement of administrative penalties and sets out the criteria for how administrative penalties (as determined by the expert committee) are used. The expert committee will consider and apply administra - tive penalties to a controller or processor based on the level of seriousness of such offence. Offences are separated into two groups: seri - ous and non-serious offences. Under the Noti - fication on Administrative Penalties, the expert committee is empowered to levy administrative penalties as follows. Serious Offences The expert committee can impose administra - tive fines on a controller and/or processor. In addition, administrative fines can be imposed on offenders who fail to comply with an order from the expert committee to remedy a violation. Such orders include remedying, stopping, sus - pending or seizing related processing activities.
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