Nitipat NIDA Law Journal

Pre-litigation Mediation in Medical Disputes : A Case Study of the Police General Hospital

2025-01-29T12:06:13+07:00

Thailand has adopted alternative dispute resolution (ADR) as a mechanism for resolving medical disputes outside the court system. However, such mechanisms remain unclear or inadequately established in certain healthcare institutions, such as the Police General Hospital, which is not under the jurisdiction of the Ministry of Public Health. Moreover, the Mediation Act B.E. 2562 (2019) does not specifically provide for medical dispute mediation This study therefore analyzes and compares foreign approaches, including Sweden,which employs a no-fault compensation system through an insurance fund without requiring proof of fault, and the United States, which mandates mediation prior to court proceedings.

The study finds that the Police General Hospital lacks a formal and effective structure and responsible agency for medical dispute mediation. It is therefore recommended that a Medical Dispute Mediation Center be established under the responsibility of the Legal Affairs and Discipline Division, General Staff Division, Police General Hospital. Furthermore, the pre-litigation mediation process should be made mandatory. The study also proposes incorporating restorative justice principles to build trust, reduce conflict, and maintain sustainable relationships between medical professionals and patients.

Challenges in Protecting Children’s Personal Data in the Digital Age under Thailand’s Personal Data Protection Act B.E. 2562

2025-02-08T10:52:53+07:00

This article focuses on the challenges in protecting children’s personal data under the Personal Data Protection Act B.E. 2562 (PDPA) in the context of the digital society. It examines issues related to the interpretation and adequacy of privacy protection for children, with a comparative analysis of international standards, particularly the General Data Protection Regulation (GDPR), which served as an essential model for drafting this Thai law. The study reveals that other countries have specific measures for protecting children’s data in the online environment, while Thailand lacks such specific provisions. Additionally, limitations within the law hinder its effectiveness in safeguarding children’s personal data. This article thus proposes recommendations to improve the efficacy of personal data protection for children in the digital age.

The Problems of Data Security Measures under The Framework of the Personal Data Protection Act

2024-11-20T10:14:36+07:00

In the digital age, personal data is regarded as a valuable asset at both individual and organizational levels. This data is collected, processed, and utilized in various forms, including personal information, contact information, financial details, and health records, all of which play a critical role in business activities and public service delivery. However, breaches of personal data have emerged as significant threats in the digital era. Cybercriminals may employ tactics such as malware, phishing, and data theft to gain unauthorized access to confidential information, causing substantial harm to individuals and organizations alike. This often results in financial losses, reputational damage, and heightened security risks. While Thailand’s Personal Data Protection Act B.E. 2562 (PDPA) was enacted to protect the rights of data owners and promote the management of personal data in alignment with international standards, challenges remain. When compared to the European Union’s General Data Protection Regulation (GDPR), limitations in the enforcement of the PDPA in Thailand become evident, particularly regarding the clarity of its application and the absence of modern security measures capable of responding to rapidly evolving threats.

This study aims to analyze and compare the enforcement of Thailand's Personal Data Protection Act (PDPA) with the European Union’s General Data Protection Regulation (GDPR) and Singapore’s personal data protection laws. Using a qualitative research methodology, including in-depth interviews and secondary data analysis, the findings suggest that aligning PDPA implementation with international standards—such as intensifying personnel training, developing clear and accessible guidelines, and strengthening security measures in accordance with ISO 27001—would enhance PDPA compliance in Thailand. This research recommends that Thailand improve its enforcement mechanisms and augment its capacity to protect personal data, thereby addressing current cyber threats and fostering trust in data security within the digital age.

Issues regarding the Use of Criminal Legal Rights by Women who Have Abortions

2025-03-04T10:45:52+07:00

This research aims to study the law on the exercise of rights under criminal law by women who have abortions. The study examines the abortion laws of the United States, the French Republic, and Australia. Section 301 of the Criminal Code, together with Section 305 of the Medical Council Regulations on Criteria for Medical Termination of Pregnancy by Medical Practitioners under Section 305 of the Criminal Code B.E. 2564 (hereinafter referred to as the “Medical Council Regulations”), analyzes the problems of women who have abortions exercising their rights under criminal law. The research results show that Section 301 of the Criminal Code has a gestational age limit, stipulating that women who are no more than 12 weeks pregnant can have an abortion without being guilty, which is too short a gestational age. Although women who are more than 12 weeks pregnant but no more than 20 weeks pregnant can request an abortion under the conditions of Section 305, the law does not guarantee whether women will have an abortion as requested. Therefore, women experience rejection of abortion by doctors. In addition, there are few abortion service providers in Thailand that do not cover all areas, and each place has different service conditions. Women’s legal right to abortion is therefore violated. Therefore, the law on this issue must be reviewed and amended to truly protect women's rights.

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2025-06-21T17:01:03+07:00

Tax Exemptions on Land and Buildings The Case Studies of Property with Privileges and Immunities

2024-10-22T11:02:15+07:00

In many countries, privileges and immunities are granted to the United Nations, international organizations, embassies, consulates, and foreign economic and trade offices, exempting them from almost all categories of taxation. To comply with international principles established under the Convention on the Privileges and Immunities of the United Nations (1946), the Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations (1947), the Vienna Convention on Diplomatic Relations (1961) as well as the Vienna Convention on Consular Relations (1963), Thailand has, therefore, enacted the following statutes: the Diplomatic Privileges and Immunities Act, B.E. 2527 (1984); the Consular Privileges and Immunities Act, B.E. 2541 (1998); and the Privileges and Immunities for International Organizations and International Conferences in Thailand Act, B.E. 2561 (2018). However, with the recent enactment of the Land and Building Tax Act, B.E. 2562 (2019), exemptions from land and building tax have been granted for properties used as offices of the United Nations, its specialized agencies or other international organizations, offices of foreign embassies or consulates, as well as other properties that are established by Ministerial Regulations. Furthermore, under the ministerial regulation paragraph 11, it also grants tax exemptions to properties used as offices of foreign economic and trade offices established in Thailand pursuant to agreements between the Thai government and foreign governments. Based on the aforementioned enactment, it appears that these provisions grant exemptions and confer benefits upon property owners who are not entitled to privileges under the applicable conventions or legislation, all of which do not comply with international principles and ultimately lead to the problem of injustice.

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2025-06-21T17:00:05+07:00