State agency’s authorities and duties in protecting personal information

 

 

     Protection of the personal information which is in the control of the State agency is considered a part of protection of right of a person. This is one of the important matters in the reasoning in putting the Act into force. Protection of the personal information is also considered an affirmation in the protection of rights of any persons in a family, their dignity, fame and privacy. If there is an information disclosure which might infringe or impact the personal right in the family as prescribed under Section 34 of the Thai Constitution B.E. 2540, it is the duties of the State agencies to be aware and made known of the principles of personal information protection in order that they would be able to perform their duties in a proper manner. In this connection, Section 23 of the Act provides the duties and performance guidelines for the State agencies to take actions as follows:

 

     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;

         This is a concept and performance guidelines for the State agency to provide for a personal information system insofar as it is relevant to and necessary for the achievement of the objectives of the operation of the State agency. If the State agency considers that the objectives or the targets have been cancelled, such personal information system should be terminated as well;

 

     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;

         This provision lays out the practical guidelines for the State agency to collect information directly from the person who is the subject upon it becomes necessary to compile information of such person since the owner of such information is the person who is well aware of his information. This is to prevent any inaccuracy of the information so collected. Misuse of the inaccurate information shall have an impact on the interest of such person owning such personal information;

 

     3. Causing the personal information in the control of such State agency to be regularly accurate;

         Certain personal information might have been utilized from time to time for specific matter, if such personal information becomes inaccurate, it might have caused damage to the State agency or the owner of such personal information. Therefore, it is necessary to regularly update such personal information at all times.

 

     4. 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;

         At present, the information has been compiled by the information technology system where computers have been used. In addition, information can easily be sent through the information technology system. It is possible that personal information might have been used in such a fashion that is not within the safe-keeping which shall result in the invasion of privacy or cause any damage to the owner of such information, for example such information may be used for commercial purposes, etc.

 

     5. Causing the following information to be published in the Royal Gazette and examining and correcting the same regularly (Section 23(3):

         5.1 The type of persons in respect of which information has been held;

               The State agency shall cause the data in relation to the categories of information of persons to be published in the Royal Gazette such as personal information of the civil servants, regular and temporary employees, etc.

         5.2 The type of the personal information system;

               The State agency shall cause the personal information system to be published in the Royal Gazette, for example, the folder or computerized system keeping such information;

         5.3 The ordinary nature of the use of the information;

               The State agency shall cause the ordinary nature of the use of the information to be published in the Royal Gazette. This is to ensure that the use of such information can be monitored if the information has been used for any purposes other than that announced or not.

         5.4 The procedures for the inspection of the information of the person who is the subject thereof;

               Since the Act endorses the right of the owner of such information to request for the inspection of his own personal information in control of the State agency, therefore, this matter should be published in the Royal Gazette so as to enable the owner of the personal information to be aware of his rights and to guarantee that the State agency shall honour the rights of the persons with equal treatments.

         5.5 The procedures for the making of a request for the correction and alteration of the information;

               This provision endorses the rights of the owner of the personal information in making a request for the alteration or correction of his information. As such, such endorsement of right must be made known to public by being published in the Royal Gazette.

         5.6 The source of the information;

               This is to ensure the source of information as to whereabouts the information was collected. This would also exhibit the creditability of the information where the owner of such information would be able to request for inspection and further correction.

 

     6. State agency’s practical guidelines for handling personal information directly collected from the owner of such personal information

         6.1 The State agency must notify the owner of such personal information in advance of the objectives of the use of such information. Likewise, the State agency shall have to make a request for such information;

         6.2 The State agency shall notify the owner of such personal information of the nature of use of such information to which circumstances the information shall be used for;

         6.3 The State agency must notify the owner of such personal information of whether it is mandatory by laws for the owner to provide such information or it is the case where the owner of such information may decide to provide information at his disposal.

 

     7. This is the case where a State agency forwards personal information of a person in its control to other State agencies or other persons without prior or immediate consent given in writing by the owner of such information and it is the case where such personal information may not be used in such an irregular manner which has not been earlier informed to the owner.