The Personal and Domestic Use Exemption is a key factor in determining the applicability of Thailand's Personal Data Protection Act (PDPA). This exemption limits the scope of the law by excluding certain personal or household activities from its purview.

Text of Relevant Provision

PDPA, B.E. Section 4(1) states:

"This Act shall not apply to:

(1) the collection, use, or disclosure of Personal Data by a Person who collects such Personal Data for personal benefit or household activity of such Person only;"

Original language: "(1) การเก็บรวบรวม ใช้ หรือเปิดเผยข้อมูลส่วนบุคคลของบุคคลที่ทำการเก็บรวบรวมข้อมูลส่วนบุคคลเพื่อประโยชน์ส่วนตนหรือเพื่อกิจกรรมในครอบครัวของบุคคลนั้นเท่านั้น"

Analysis of Provisions

The Personal and Domestic Use Exemption in Thailand's PDPA excludes from its application "the collection, use, or disclosure of Personal Data" when it is done "for personal benefit or household activity" of the person collecting the data. This exemption is significant as it recognizes that individuals should have the freedom to process personal data for their private purposes without being subject to the same stringent requirements as organizations or businesses.

The provision uses broad terms like "personal benefit" and "household activity," which allows for a flexible interpretation of what constitutes personal or domestic use. However, it's important to note that the exemption applies only when the data is collected "for such Person only," emphasizing the private nature of the processing.

The rationale behind this exemption is to strike a balance between protecting individuals' privacy rights and allowing for the practical realities of everyday life. Lawmakers typically include such exemptions to prevent the law from being overly intrusive in people's personal lives and to focus regulatory efforts on more significant data processing activities that pose greater risks to privacy.

Implications

This exemption has several implications for individuals and businesses:

1. Individual freedom: People can collect and use personal data for their own purposes without worrying about complying with the PDPA's requirements.
2. Scope limitation: Businesses and organizations cannot claim this exemption for their data processing activities, as these typically extend beyond personal or household use.
3. Grey areas: There may be situations where it's unclear whether an activity falls under personal use or not, especially with the rise of social media and personal blogging.
4. Potential misuse: While intended for legitimate personal use, this exemption could potentially be misused to justify improper data collection or sharing.

Examples where the law likely does not apply due to this exemption:

• A person keeping a personal address book or contact list
• Family photo albums or video collections
• Personal diaries or journals, including digital ones

Examples where the law likely still applies:

• A person collecting data for a home-based business
• Sharing personal data of others on public social media platforms
• Using personal data for political campaigning, even if done by an individual