PDPA: Announcement on Administrative Fine Guidelines Seeks Public Comments

The Personal Data Protection Committee (PDPC) is set to issue a new announcement concerning the “Guidelines for Issuing Administrative Fine Orders by the Expert Committee.” Before finalizing, the PDPC is inviting public comments to ensure that the guidelines are comprehensive and effective. This article outlines the key elements, issues, and principles involved in this draft announcement.

Background and Principles:

Under Sections 74 and 90 of the Personal Data Protection Act B.E. 2562 (2019), administrative enforcement measures must align with the law governing administrative procedures. The current draft aims to repeal the definition of “administrative fine enforcement officer” and introduce a new definition for “administrative enforcement officer,” ensuring consistency with existing laws.

Key Issues:

Revised Definitions: The draft proposes to repeal the term “administrative fine enforcement officer” and introduce “administrative enforcement officer,” aligning with administrative laws.

• Clear Procedures: Specifies detailed procedures for issuing fines and enforcing measures such as seizure, attachment, or auction.
• Consideration Factors: Lists factors like severity of violation, size of operations, and impact on data subjects to consider when imposing fines.

Key Elements:

• Administrative Enforcement Officer:

Defined as an official or employee of the Office of the Personal Data Protection Committee appointed by the Secretary-General.

Responsible for implementing measures like seizure, attachment, and auction.

• Fine Definition:

Refers to the administrative fine ordered by the Expert Committee.

• Notification Methods:

Allows for electronic notifications under urgent circumstances or if preferred by the affected party.

• Factors for Consideration:

Includes details of the offense, severity, size of operations, effectiveness of the fine, benefits to data subjects, extent of damages, history of fines, responsibility levels, ethical codes, remedies, compensation payments, reasons and limitations, and other relevant facts.

• Issuing Orders:

Non-severe cases may involve warnings or corrective actions.

Severe cases or ineffective initial orders will result in administrative fines.

• Enforcement Actions:

If the obligated party fails to pay the fine, enforcement officers will issue a written notice demanding payment within no less than seven days.

Failure to comply can lead to seizure, attachment, or auction of property.

Public Consultation Period:

The PDPC invites stakeholders and the public to review the draft and provide feedback from 20 February to 6 March 2025. This consultation period aims to gather diverse insights to enhance the effectiveness and fairness of the guidelines.

Conclusion:

By aligning with administrative laws and considering public input, the PDPC aims to strengthen data protection enforcement in Thailand. All interested parties are encouraged to participate in this crucial consultation phase to shape robust data protection measures.

This draft announcement underscores the PDPC’s commitment to ensure that administrative enforcement actions under the Personal Data Protection Act are consistent, clear, and effective. Your participation in the public consultation can significantly contribute to achieving these goals.

Author: Panisa Suwanmatajarn, Managing Partner.

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