CHAPTER III
Personal Information
Section 21. For the purpose of this Chapter, "person" means a natural person who is of Thai nationality and a natural person who is not of Thai nationality but has a residence in Thailand.
Section 22. The National Intelligence Agency, the Office of the National Security Council and other State agencies specified in the Ministerial Regulation may. with the approval of the Board, issue the Rules
prescribing rules, procedure and conditions for the inapplicability of the provisions of paragraph one (3) of section 23 to personal information in the control of such agencies.
Such other State agencies which may be specified in the Ministerial Regulation under paragraph one must be State agencies the operation of which will seriously be obstructed by the disclosure of personal information under section 23 paragraph one (3).
Section 23. A State agency shall take the following actions with regard to the provision of a personal information system:
(1) providing for a personal information system only insofar as it is relevant to and necessary for the achievement of the objectives of the operation of the State agency, and terminating the provision thereof whenever it becomes unnecessary;
(2) making efforts to collect information directly from the person who is the subject thereof, especially in the case where such person's interests will be directly affected;
(3) causing the following information to be published in the Government Gazette and examining and correcting the same regularly:
(a) the type of persons in respect of which information has been held;
(b) the type of the personal information system;
(c) the ordinary nature of the use of the information;
(d) the procedure for the inspection of the information of the person who is the subject thereof;
(e) the procedure for the making of a request for the correction and alteration of the information;
(f) the source of the information;
(4) examining and correcting personal information under its responsibility;
(5) providing an appropriate security system for the personal information system in order to prevent improper use or any use to the prejudice of the person who is the subject of the information.
In the case where the information has directly been collected from the person who is the subject thereof, a State agency shall, in advance or simultaneously with the request therefor, notify such person of the purpose for the use of the information, the ordinary nature of its use and whether such case of making the request is one which the information may be given voluntarily or one which it must be given compulsorily under the law.
In the case where the personal information is dispatched to any place which, in consequence thereof, may become known to general members of the public, a State agency must notify the person who is the subject thereof, unless it is carried out in conformity with the ordinary nature of the use of the information.
Section 24. A State agency shall not disclose personal information in its control to other State agencies or other persons without prior or immediate consent given in writing by the person who is the subject thereof except for the disclosure in the following circumstances:
(1) the disclosure to State officials in its own agency for the purpose of using it in accordance with the powers and duties of such agency;
(2) the disclosure in its ordinary use within the objectives of the provision for such personal information system;
(3) the disclosure to State agencies which operate in the field of planning. statistics or censuses and have the duty to keep the personal information undisclosed;
(4) the disclosure for studies and research without mentioning the name or part revealing the identity of the person to whom the personal information is related;
(5) the disclosure to the National Archives Division, Fine Arts Department or other State agencies under section 26 paragraph one for the purpose of evaluating the value of keeping such information;
(6) the disclosure to State officials for the purpose of preventing the violation of law or non-compliance with the law, conducting investigations and inquiries or instituting legal actions of any type whatsoever;
(7) the disclosure necessary for the prevention or elimination of hazards to the life or health of persons;
(8) the disclosure to the Court, State officials, State agencies or persons having the power under the law to make a request for such information;
(9) other cases as prescribed in the Royal Decree;
In disclosing the personal information under paragraph one (3), (4), (5), (6), (7), (8) and (9), a list recording the disclosure shall be prepared and attached to such information in accordance with the rules and procedure prescribed in the Ministerial Regulation.
Section 25. Subject to section 14 and section 15, a person shall have the right to get access to personal information relating to him. When such person makes a request in writing, the State agency in control of such information shall allow him or his authorized representative to inspect or obtain a copy of the same. and section 9 paragraph two and paragraph three shall apply mutatis mutandis.
In the case where there exists a reasonable ground to disclose a medical report relating to any person, State officials may disclose it only to doctors entrusted by such person.
A person who considers that any part of personal information relating to him is incorrect shall have the right to make a request in writing to the State agency in control of such information to correct, alter or delete that part of information. The State agency shall consider the request and notify its result to such person without delay.
In the case where the State agency fails to correct, alter or delete the information pursuant to the request. such person shall have the right to appeal to the Information Disclosure Tribunal within thirty days as from the da!e of the receipt of the notification of the order refusing to correct, alter or delete the same. The appeal shall be submitted through the Board and, in any case, the person who is the subject of the information shall have the right to require the State official to attach his request to the relevant part of the information.
Such persons as specified in the Ministerial Regulation shall have the right to take action under section 23, section 24 and this section on behalf of a minor, an incompetent person, a quasi-incompetent person or the deceased person who was the subject of the information.
