Yesterday, on 21st August 2024, the Office of the Personal Data Protection Committee (the “PDPC”) and the Ministry of Digital Economy & Society announced a significant enforcement action. The Expert Committee on Technology & Related Issues (Committee 2) imposed a fine of up to THB 7,000,000 (Seven Million Thai Baht) on a major private company engaged in online trade.
The fine was levied due to the company’s failure to adequately protect personal data, leading to a breach that exposed sensitive information to call centre gangs.
The company had collected personal data from over 100,000 customers but did not appoint a Data Protection Officer, as mandated by Section 41 of the Personal Data Protection Act B.E. 2562 (2019) (the “PDPA”). From the PDPC’s investigation, the Company was found to have insufficient security measures in place to protect customer data as required by Section 31(1). They also failed to identify the breach and notify the affected customers and the PDPC of the breach in a timely manner, in violation of Section 37(4).
This is the first administrative fine to be issued under the PDPA. Such enforcement action reflects the PDPA’s alignment with the European Union’s General Data Protection Regulation (the “GDPR”).
Mr Prasert Jantarawongthong, Minister of Digital Economy & Society, emphasised that this decision underscores the importance of compliance with data breach reporting requirements and serves as a cautionary message to all organisations. A further release of the full directive is expected and should benefit other operators in implementing their own compliance practices. It will also provide a clearer picture of the PDPC’s enforcement approach.
For guidance on navigating the PDPA and ensuring the compliance of your organisation, please contact us. Our team of lawyers is here to help you implement effective data protection strategies and avoid regulatory pitfalls.
This article was researched and prepared by Ms Lavanya Dev-Kauffmann.
