(Unofficial Translation)
No. 136 Chapter 69 Gor
Government Gazette
27 May 2019
--------------------------Section 27
The Data Controller shall not use or disclose Personal Data
without the consent of the data subject, unless it is the Personal Data which is collected without
requirement of consent under section 24 or section 26.
The Person or juristic person who obtains Personal Data as a result of the
disclosure under paragraph one shall not use or disclose such Personal Data for any purpose other
than the purpose previously notified to the Data Controller in the request to obtain such Personal
Data.
In the event that the Data Controller uses or discloses the Personal Data which
is exempted from consent requirement in paragraph one, the Data Controller shall maintain a
record of such use or disclosure in the record under section 39.
Section 28
In the event that the Data Controller sends or transfers the
Personal Data to a foreign country, the destination country or international organization that
receives such Personal Data shall have adequate data protection standard, and shall be carried out
in accordance with the rules for the protection of Personal Data as prescribed by the Committee
in section 16(5), except in the following circumstances:
(1) where it is for compliance with the law;
(2) where the consent of the data subject has been obtained, provided that the
data subject has been informed of the inadequate Personal Data protection standards of the
destination country or international organization;
(3) where it is necessary for the performance of a contract to which the data
subject is a party, or in order to take steps at the request of the data subject prior to entering into
a contract;
(4) where it is for compliance with a contract between the Data Controller, and
other Persons or juristic persons for the interests of the data subject;
(5) where it is to prevent or suppress a danger to the life, body, or health of the
data subject or other Persons, when the data subject is incapable of giving the consent at such
time;
(6) where it is necessary for carrying out the activities in relation to substantial
public interest.
In the event that there is a problem with regard to the adequacy of Personal Data
protection standards of the destination country or international organization, such problem shall
be submitted to the Committee to decide. The decision made by the Committee may be reviewed
when there is a new evidence convincing that the destination country or international organization
that receives such Personal Data has developed adequate Personal Data protection standards.
Section 29
In the event that the Data Controller or the Data Processor who
is in the Kingdom of Thailand has put in place a Personal Data protection policy regarding the
sending or transferring of Personal Data to another Data Controller or Data Processor who is in
a foreign country, and is in the same affiliated business, or is in the same group of undertakings,
in order to jointly operate the business or group of undertakings. If such Personal Data protection
policy has been reviewed and certified by the Office, the sending or transferring of Personal Data
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