PDPA Thailand
Chapter II Part 2: collection of personal data (sections 22 to 26) – PDPA Thailand

PDPA Thailand S26: Section 26 Sensitive personal data, biometric and criminal record data

What does S26 require?

Collecting data on racial or ethnic origin, political opinions, cult, religious or philosophical beliefs, sexual behaviour, criminal records, health data, disability, trade union information, genetic data, biometric data, or other data the Committee prescribes as affecting the data subject in the same way, is prohibited without explicit consent, except where: (1) it prevents or suppresses a danger to life, body or health and the data subject cannot consent; (2) it is done in legitimate activities with safeguards by foundations, associations or not-for-profit bodies with political, religious, philosophical or trade union aims for their members, former members or regular contacts, without disclosure outside; (3) the data subject has made it public with explicit consent; (4) it is necessary for legal claims; or (5) it is necessary to comply with law for (a) preventive or occupational medicine, assessing working capacity, diagnosis, health or social care and its systems (outside a legal obligation, under a contract with the medical practitioner where a professional confidentiality duty applies), (b) public health such as cross-border contagious disease or medicine and device quality, with specific safeguards including professional secrecy, (c) employment protection, social security, national health security, social health welfare, road accident victims or social protection, with safeguards, (d) scientific, historical or statistical research or other public interest, only as necessary and with Committee-prescribed safeguards, or (e) substantial public interest with safeguards. Biometric data means data from technology on physical or behavioural characteristics that identifies a person, such as facial, iris or fingerprint recognition. Criminal record data may be collected only under the control of an authority empowered by law or with protection measures under Committee rules.

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

Other controls in Chapter II Part 2: collection of personal data (sections 22 to 26) – PDPA Thailand

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