New update on PDPA law

The Personal Data Protection Commission has issued a new announcement (“Announcement”) regarding the protection of the right and freedom of the data subject for a purpose of storing personal data for historical records and archives for public interest. This Announcement will take effect in 90 days from 8 December 2023, which is the date of its issuance. According to the new Announcement, it prescribes that any person who wishes to keep the personal data without consent of the data subject, such person shall comply with section 24(1) of the Personal Data Protection Act (“PDPA”) that the persons who collects the personal data must ensure the safety measures to protect the data subject’s rights and freedom. Also, the Announcement clarifies and provides additional measures, which should be complied with, there are underlying in section 4 of this new Announcement. The data controller must implement organizational, physical, and technical measures for only the extent of historical records and public archives. The data controller may adopt a program, which will not allow identity recognition, or adopt pseudonymization for reducing the risk of disclosure of data subject’s identities. And the encryption method may be implemented by the data controller that any person who wishes to access the personal data have to enter the password before viewing it.