Legal Considerations for the Protection of Personal Data in Private Higher Education Institutions in Thailand

Abstract

          This article examines the legal considerations governing the protection of personal data in private higher education institutions in Thailand, which operate under the Private Higher Education Institutions Act B.E. 2546 (2003) and the Personal Data Protection Act B.E. 2562 (2019). While the former establishes the legal status and regulatory framework of private higher education institutions, it does not provide sector-specific provisions on personal data protection. By contrast, the Personal Data Protection Act functions as a general data protection law applicable across all sectors, without explicit regard to the distinctive characteristics of higher education.

         Employing legal documentary research, this study analyzes Thai law in comparison with the legal frameworks and regulatory practices of the United Kingdom and Singapore, together with the principles of the European Union’s General Data Protection Regulation (GDPR). The findings indicate that the principal challenges in applying the Personal Data Protection Act to private higher education institutions in Thailand do not stem from deficiencies in the statutory text itself, but rather from the absence of sector-specific guidance and an integrated governance mechanism linking the general data protection regime to the educational context. This gap gives rise to legal uncertainty and practical difficulties in the effective exercise and enforcement of data subject rights.

         By contrast, both the United Kingdom and Singapore have developed education-specific guidelines that complement their general data protection laws and facilitate more coherent and predictable enforcement. Accordingly, this article argues that Thailand should develop subordinate legislation or national sector-specific guidelines for private higher education institutions in order to enhance the protection of personal data and to reduce legal uncertainty in a systematic and practical manner.