Disclosure of personal information without the consent of the data owner

 

 

     Section 24 of the Act provides in part that 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 (Section 24(1)) of the Act;

         Exception for the disclosure of personal information by the State official within its own agency is the explicit exception, since the purposes of personal information collection are to use such information in accordance with the powers and duties of such agency. In exercising powers and performing duties of the agency, there shall be one or more State official handling such information, therefore, it is necessary for the State officials to jointly do so. Therefore, exceptions are stipulated under this Section. However, in certain circumstances, the State officials within the same State agency might have to request other State official to disclose official information which also contains personal information. In case of doubt, the person requesting for the disclosure of personal information would be deemed the State official within the same agency pursuant to this exception or not. In this particular case, there is a precedent case where the Tribunal, Social Public Administration and Law Enforcement Division, has issued their Ruling No. Sor Kor 13/ 2544 that the appellant is the member of the Sub-district Administration Council, then he could use the personal information which is kept by the Administrative division within the Council. Such use of the personal information falls into the category of exception under Section 24 (1).

 

     2. The disclosure in its ordinary use within the objectives of the provision for such personal information system (Section 24(2));

         This exception concurs with the duties and the guidelines for the performance of the State agency/ State official in relation to their duties to inform the owner of the personal information to be aware of the purposes or objectives of the use and the manner of use of such personal information which should be published in the Royal Gazette. Therefore, if the disclosure of personal information is within the scope of ordinary use according to the objectives of the provision for such personal information system, then it is considered that it is made in accordance with this exception.

 

     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 (Section 24(3));

         The operation of the State agency in relation to the planning or the statistics of the household registration requires the personal information of persons for their analysis for statistic or planning purposes. As a result, the disclosure of personal information to the State agency is necessary. Such State agency receiving such personal information shall be obliged to keep confidential of such personal information in their control and shall not cause such personal information to be distributed to the irrelevant third parties.

 

     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 (Section 24(4));

         The Act specifically prescribes restriction on the disclosure of information where the information can only be disclosed to the extent that the name and the identity of such person are not disclosed. This shall result in the information being disclosed without being the disclosure of personal information as defined in Section 4 of the Act. Such disclosure of information would respond the need of the research without invading the privacy of the person whose personal information is disclosed for such purposes.

 

     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 (Section 24(5));

         The disclosure of information to the State agency whose duties are to select official information for general public for the research (historical information), there should be an exception for the disclosure of personal information to the owner of such information so as to evaluating the value of keeping such information. That is, such personal information can be determined to ensure if such information should be kept as historical information or not. The steps to be taken under this Section are not considered criteria to see if such information should be disclosed for further study or not. There should be consideration procedures which shall be in line with the provisions of law.

 

     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 (Section 24(6));

         The State official who receives the personal information shall have the duties to protect the information and prevent the use of such information which is within the scope of objectives of use.

 

     7. The disclosure necessary for the prevention or elimination of hazards to the life or health of persons (Section 25(7));

         In case of necessity, the personal information shall be used to prevent or eliminate the hazards to the life or health of persons. This is considered an important matter. Therefore, the Act provides the exception for disclosure of person information with the consent of the owner of such personal information.

 

     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 (Section 25(8));

         This is the case where the person requesting for the disclosure of information is the person having the authority under the laws, such as, the courts having jurisdiction under the Civil Procedures Code or the Criminal Procedures Code or the Tribunal having jurisdiction to issue administrative decision or order such as the decision No. Sor Kor 32/ 2545.

 

     9. Other cases as prescribed in the Royal Decree (Section 25 (9));
At the time of preparation of this Executive Summary, there is no Act or any other legislation requiring the disclosure of information.

 

     Remarks: The State agency in control of the personal information and having disclosed such personal information of the natures as mention in Section 24 paragraph two sub-sections (3)-(9) shall be obligated to set-up the personal information disclosure list to be attached to such information.