การคุ้มครองสิทธิของเจ้าของข้อมูลทางชีวภาพในการเก็บรวบรวมข้อมูลในภาคเอกชน

Abstract

The main objectives of this study are (1) to study comparative law between the General Data Protection Regulation and the Personal Data Protection Act. B.E. 2562 (2) to study documents both abroad and in Thailand related to the exercise of rights of the biometric data subject by analyzing the standard of provisions, essential aspects, and recommendations on the protection of biometric data subject right in Thailand. The comparative study of two provisions shows that the rules regarding the rights of the biometric data subject in the Personal Data Protection Act B.E. 2562 were similar to those in the General Data Protection Regulation. However, at the same time, it empowers the Personal Data Protection Committee to amend those rules for each particular right. Therefore, the criteria will depend mainly on the concept and direction of the Personal Data Protection Committee. When analyzing the criteria, it was found that the data control potency of Thailand's biometric data subject depends on the knowledge of the data subject, the rules of the committee, the exceptions to the rights of other persons, and inequality in complaints. There are specific contexts where the biometric data subject may not enforce their data as needed. In addition to protecting the rights of the biometric data subject in Thailand, the authority and court have to provide an explanation, interpretation, and weighing and lay the rules exhaustively which to provide a standard equivalent to the general data protection regulations and the benefit of the protecting the rights of the biometric data subject.