Measures to limit the spread of COVID-19 are being implemented in Thailand just as the country approaches the implementation of its landmark new Personal Data Protection Act (PDPA), which will come into effect in May 2020. This adds another layer of complexity to the COVID-19 issue, as employers find that they need to consider new categories of employee personal data, just as restrictions on doing so are due to come into force. From an employment perspective, employers are considered to be personal data controllers under the PDPA, and will thus be subject to extensive requirements when collecting, using, or disclosing employees’ personal data, once the PDPA comes into force.

To help employers stay compliant, we address below the most common questions about the legality of common COVID-19 prevention measures under the PDPA. Note that, while these FAQs specifically address issues for employers, the PDPA also protects the personal data of customers, business partners, vendors, and any other individuals whose data you might hold or process. Businesses should therefore be ready to comply with the PDPA in relation to all personal data that they hold.

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