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Thailand: NBTC notification on telecom users data published in Royal Gazette

On September 4, 2023, the National Broadcasting and Telecommunications Commission's (NBTC) Notification on measures to protect telecommunications service users' rights regarding personal data, privacy rights, and freedom of telecommunications was published in the Royal Gazette and entered into force the following day. The Notification replaces the existing notification from 2006 to align with the requirements of the Personal Data Protection Act 2019 (PDPA). 

Among other things, the Notification:

  • defines key terms, such as 'personal information of users,' 'licensee,' and 'user;'
  • establishes that licensees may collect, use, or disclose the personal information of users only as necessary for the operation of telecommunications services, but must obtain separate consent from users before using or disclosing their personal data for purposes other than operating the telecommunications business;
  • prohibits the collection of sensitive personal information, which includes race, ethnicity, political opinions, beliefs, sexual behavior, and criminal record, without the explicit consent of the user, unless it is to provide telecommunications service to a disabled person;
  • requires licensees to inform users during or before collecting their personal information, except in certain cases; and
  • stipulates that licensees must notify the NBTC without delay:
    • within 72 hours of becoming aware of a breach of any user's personal data; or 
    • within 24 hours if the breach is likely to result in a high risk to the rights and freedoms of the user.

You can read the announcement of the Notification, only available in Thai, here.

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