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Thailand: PDPC publishes draft notification on processing criminal record personal data

On November 14, 2023, the Personal Data Protection Committee (PDPC) released for public consultation a draft notification on the collection and processing of personal data related to criminal records in alignment with Section 26(3) of the Personal Data Protection Act (PDPA). 

What are the implications of the changes for businesses? 

The draft notification, once enacted, will impact businesses engaged in recruitment and human resources activities, particularly concerning individuals with criminal records. Some of the key changes include: 

  • broadening the definition of criminal record data to include personal information linked to criminal investigations, prosecutions, or punishments;
  • allowing data controllers to process criminal record data during recruitment, personnel checks, and suitability assessments, either under legal obligations or with explicit consent; 
  • requiring the communication of the necessity of the processing to the data subject at the beginning of the recruitment process; 
  • requiring that requests for explicit consent to collect a data subject's criminal record data must include notifications about the consequences of not providing or withdrawing consent; 
  • setting out a six-month retention period from the conclusion of specified processing activities; and 
  • mandating deletion, destruction, or anonymization of criminal record data after the retention period. 

What's next? 

Comments may be submitted via the dedicated portal here until November 24, 2023. The draft notification would come into effect 90 days after its publication in the Government Gazette. 

You can read the draft notification, only available in Thai, here.

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