Biometric Data Protection under the Personal Data Protection Act 2019
Article Sidebar
Main Article Content
Abstract
The purpose of this abstract is to study the legal and privacy measures of biometric systems. At present, biometrics are used throughout for technology development and various applications. The retention of biometric data in digital format by the service provider may be vulnerable to threats and damage than other forms of information. However, under the Personal Data Protection Act 2019, Section 6 provides for general protection of personal information, but it does not provide adequate and clear biometric data protection, such as digital footprints where the user’s information is stuck online and may be used to identify that particular person in the future. The data subject has “Right to be forgotten” because digital footprints are always intact. Therefore, the author recommends a specific revision of the definition of biometric data protection. By adding the word definition “Biometric data (Biometrics)” in Section 6 to be protected in the use of biometric technology (Biometrics) as provided by law to be equivalent to that of international standards.
Article Details
References
A Group of Academics Submitting the Prime Minister ‘s Letter, The State Concerned about Collecting Biometrics Data was not Transparent, Lacking of Good Governance. 20 Akarin Suthanuwong. “The Fingerprint Authentication System Embedded.” Master’s thesis, Faculty of Engineering, Prince of Songkla University, 2005. [in Thai].
Apichai Plaengsorn. Lecture Document (Identification). Bangkok: Department of Forensic Science, Faculty of Medicine, Srinakharinwirot University, 2016. [in Thai].
Athiporn Sitthitheerarat. “Issues of Personal Data Protection Laws in the Electronic Context.” Master’s thesis, Faculty of Law, Thammasat University, 2015. [in Thai].
Atthakorn Sukpunaphan. “Right to be Forgotten: From a Ruling to a New Dimension Under the EU Data Protection Law.” Balance Health 64, no.3 (2017): 46. [in Thai].
ETDA PAD. “Short News, Personal Information Protection Law.” Accessed September 29, 2020. https://www.thaicert.or.th/newsbite/2016-04-22-03.html.
GDPR. “General Data Protection Regulation.” Accessed July 29, 2020, https://www.privacypolicies.com/blog/gdpr/.
Illinois Official Reports Supreme Court. “Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186.” Accessed July 29, 2020, https://courts.illinois.gov/Opinions/SupremeCourt/2019/123186.pdf.
Litigation Under Illinois Biometric Information Privacy Act Highlights Biometric Data Risks. 24,2019.
Mantana Sripongphan. “Legal Issues Regarding the Protection of Personal Data: Study a Specific Case of the User’s Location Information.” Master’s thesis, Faculty of Law, Sripatum University, 2018. [in Thai].
Naiyana Masaeng. “Biometric Technology.” Academic Journal Thonburi University 2, no.1 (2008): 3-6. [in Thai].
Privacy Policies. “Blog Effectively Using an “I Agree to Privacy Policy” Checkbox.” Accessed July 29, 2020. https://www.privacypolicies.com/blog/agree-privacypolicy-checkbox/.
Sirikul Phuphan. “The Message is Thought with Personal Information.” Master’s thesis, Faculty of Law, Thammasat University, 2005 [in Thai].
Zimmerman, Hannah. “The Data of You: Regulating Private Industry’s Collection of Biometric Information.” Kansas Law Reviews 66 (2018): 637-671.