What is Personal Data Protection? A Copyright of Personal Data?

Personal Data Protection 101: Episode 1

Getting familiar with the Personal Data Protection Act B.E. 2562 (A.D. 2019) may start with why data protection? Isn’t the developing type of copyright of personal data? This article ignites the readers to help build a core understanding of how to practice this act functionally.

In 2019, the first time in Thailand, Personal Data Protection Act B.E. 2562 published in the royal gazette and will fully come into force every chapter in May 2020. One year to know them all might not over exaggerate now.

Recently, many court cases in the foreign countries decided the data protection according to data protection regulations such as The EU General Data Protection Regulation (GDPR). Especially, to order the company to pay fine, compensation and more for breaching data privacy rules become “normal as usual.”

However, in Thailand, the court case may not have much for us to study now, but this may not true anymore in not a distant future.

INTELLECTUAL PROPERTY vs. PERSONAL DATA

We may have known copyright for edges but not data protection. It is not because data is the new thing, but it is a new way to protect data.

FIRST BASE?

The creation will constitute the right to copyright; meanwhile, the invention will provide the power to a patent. How about your data within you whether or not it can be protected? Yes, the PDPA, and where do we begin? People generate more and more data each day. Unlike copyright where all the creation start when the creator creates the production of mind in the various means under copyright law. Data is within us. How about our future data, data that can expect to be true such as marriage status? How about data that we did not know it exists such as the number that somebody can identifiable to us without the knowledge of such person such as confidential code? However, for both copyright and data protection is an automatic right, no registration required like a patent.

DATA OWNER vs. COPYRIGHT OWNERS

Unlike the copyright where the owner is defined by law as a person who creates the content and the other who authorized by such copyright owner, however, there is no definition for data owners. Instead, PDPA defines “Personal Data” as Information relating to a natural person that can be directly or indirectly identifiable such a natural person. Therefore, it may assume under the law that the Data Owners are such a natural person that such data identifiable to. The Data Owners will have right under PDPA, such as the right to revoke consent. Can the data owners assign their rights? Maybe it can be in the form of disclosure contract.

PROTECTION PERIOD?

Fix period of protection for copyright and patent are provided in the law while the data protection opens this gap to let the parties decide which leaves the significant questions on how to determine whether or not it is necessary? Leaving room to argue may lead to several law developments, but at least it is flexible due to the various objects of use. The guideline on Standard time for each type of data using may also be helpful.

more episodes regarding Personal Data Protection to come i.e. PDPA, start when end where? The corporate world of personal data, and more. Stay tuned!

Author Biography: Kulnisha is a Corporate Associate at PriceSanond Lawyers (PSL) with more than 5 years of extensive background in corporate, securities offering and IP. Being a guest speaker at PSL and Client's Board of Directors Training from time to time and interested in Technologies Law, Data Protection and Fintech.