Joint Legal and HR Committees: PDPA Preparedness Series - How will Thailand’s PDPA impact Human Resources?

PDPA Preparedness Series - How will Thailand’s PDPA impact Human Resources?

On February 22, to nearly 170 attendees, AMCHAM Legal and HR Committee presented the second event in the PDPA Preparedness Series - How will Thailand’s PDPA impact Human Resources? AMCHAM Legal Committee Leader Douglas Mancill, Legal Analytics & Advocacy introduced guest speakers Marion Carles-Salmon, Head of Labor and Employment Practice at DFDL and Edward Attanasio, Senior Vice President at Fabrinet. Topics included identifying Personal Identifiable Information (PII) in the context of Human Resources, difference between personal data and sensitive personal data, understanding the legal basis for collecting data, and protecting data.

Marion began her presentation with an overview on Personal Data Protection Act (PDPA) and situations when PDPA is applicable. She spoke about getting consent from employees – either electronically or written for collecting and using their data. She also spoke about employee’s rights to information on data collection, use and disclosure, rights to request access or request change in personal data, and for companies to implement policies and procedures to retain and store data securely.

Edward spoke about measures to protect employee data from data leakage, risks to data transfer from one country to another, and doing due diligence on third-party disclosures. He gave examples of applicable HR documents that would fall under PDPA such as resume, payroll, health documents, provident fund/pension records, and more.

The event was followed by a Question and Answers session, moderated by HR Committee Leader, Shaun Wong, Baker Tilly Thailand. AMCHAM members asked questions on reasonable expectation from clients to prove that they have equivalent data compliance, when an employee PII is shared under contractual obligation; how to share sensitive information in case of employee termination due to misconduct; and acquiring consent for using employee photos for company marketing activities.

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