In brief
On 16 July 2026, the Parliament placed the New Draft PDPA for public consultation. The draft proposes to address issues under the PDPA, namely:
- New definition of government agency to provide greater clarity regarding the entities covered by this term.
- Additional PDPA exemptions for government agencies with duties relating to the prevention and suppression of corruption and misconduct.
- Revised legal basis framework to expressly recognize consent as one of the legal bases for processing general personal data.
- Expansion of the public interest legal basis to cover disclosures made by government agencies as required by law.
Stakeholders should consider participating in the public hearing, which closes on 15 August 2026.
In more detail
Purpose
Members of the House of Representatives proposed the new Draft Personal Data Protection Act (No. ...) B.E. ... ("New Draft PDPA") to address issues under the current Personal Data Protection Act B.E. 2562 (2019) (PDPA), particularly those relating to government agencies and the legal basis framework for general personal data processing.
1. New definition of government agency
The New Draft PDPA introduces the definition of the government agency, which includes the following entities:
- Central administration
- Provincial administration
- Local administration
- State enterprise
- Public organization
- Parliament
- Court
- Independent organizations under the Constitution
- State Attorney Organ
- Public higher education institutions
2. Additional PDPA exemptions
The New Draft PDPA further provides that certain activities of government agencies with statutory duties relating to the prevention and suppression of corruption and misconduct (e.g., the Office of the National Anti-Corruption Commission) would not be subject to the PDPA.
3. Revised legal basis framework
The New Draft PDPA proposes amendments to Section 24 by restructuring the legal basis framework, making consent one of the lawful bases for processing rather than the default basis subject to exceptions. This amendment would provide greater clarity.
4. Expansion of the public interest legal basis
The New Draft PDPA would expand the scope of the public interest legal basis to include cases where government agencies are required to disclose information under laws relating to official information (e.g., the Official Information Act B.E. 2540 (1997)) or other laws requiring disclosure to the public.
If enacted, this may provide broader statutory support for certain government information disclosure activities.
Next steps
Participate in the public consultation. The New Draft PDPA is now open for public consultation through www.parliament.go.th/section77 until 15 August 2026. Businesses should review the proposed amendment and consider submitting comments, particularly those that conduct business with government agencies, as the revised definition and exceptions may have implications for business continuity.
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Chanaporn Anurukwongkul, Phocharaphol Yingamphol, and Pirun Suttiprapha, Associates, have contributed to this legal update.