The Protection of the Right to Privacy from Covid-19 Control Procedures: A Study of the Legitimacy of Database for Processing Special Personal Data according to “Line Application Mor Prom” Terms of Service
Keywords:
Moh prompt, The Personal Data Protection Act B.E. 2562, special category of persona data, sensitive data, Line applicationAbstract
This research aims to study the impact on the right to privacy and personal information of people using “Line Application Mor Prom”, investigate the legal base, the exclusion of consent to process the special personal data of users as specified in the terms of service “Line Application Mor Prom” and prepare the policy proposals for processing personal data according to the terms of service “Line Application Mor Prom”. This accords with the Personal Data Protection Law and provides options to protect people’s rights. This research used a qualitative research methodology with content analysis and interpretation of the terms of service by comparing the interpretations of Thai and EU laws.
The study revealed that “Line Application Mor Prom” collected, processed and disclosed special personal information according to Article 26. However, the terms of service of “Mor Prom” Clause 3.2 failed to ask for consent but specified 3 exceptions according to Personal Data Protection Act, B.E. 2562 (2019) consisting of Article 24 (3), 26 (5) (a) and 26 (5) (c). The results of the analysis of the legal base indicated that such references failed to accord with the terms and principles of the Personal Data Protection Act. The Article 24 (3) could not be referred in respect of Article 26 for data. Article 26 (5) (a), and 26 (5) (c) must be related to the data collection law but Mor Prom platform was established from the announcement by virtue of the Emergency Decree in which Article 9 did not authorize to collect data in an integrated manner.
The author suggests that Mor Prom’s terms of service should be amended and the legal claims based on the consent of the data also should be modified.
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