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GENERAL INFORMATION

GDP USD373.804bn (World ranking 32, World Bank 2014)
Population 67.22 million (World ranking 20, World Bank 2014)
Form of state Constitutional Monarchy
Head of government Prayuth Chan-ocha
Next elections 2016, legislative

 

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PRODUCTS IN THAILAND

Data Protection

Thailand

Contribution Details

Dr. Chanvitaya Suvarnapunya

Partner

Chadaporn Ruangtoowagoon

Senior Associate

Law

At present, Thailand does not have any general statutory law governing data protection or privacy. However, the Constitution of the Kingdom of Thailand does recognize the protection of privacy rights. In addition, statutory laws in some specific areas (such as telecommunications, banking and financial businesses (“Specific Businesses”) as well as other non-business related laws, such as certain provisions under Thai Penal Code and the Child Protection Act B.E. 2543 (2003), do provide a certain level of protection against any unauthorized collection, processing, disclosure and transfer of personal data.

Recently, the draft Personal Information Protection Act (“Draft”), which has been reviewed by the Council of State, was given to the Committee for House of Representative Coordination to review and analyze if there are any practical issues on applying the law and how the Data Protection Committee should be formed.

The Draft is being reviewed by the Office of the Public Sector Development Commission and will be submitted to the Cabinet for approval later. The current Draft provides protection of personal data by restricting the gathering, using, disclosing and altering of any personal data without the consent of the data owner. The Draft also imposes both criminal penalties and civil liability for any violation of the Draft and calls for the establishment of a Protection of Personal Data Commission to regulate compliance with the Draft.

Notwithstanding the above, at present, no clear indication exists as to when the Draft will be final, or whether it will ultimately be enacted into binding law

Definition of Personal Data

According to the Draft, “personal data” means any information or data relating to an identified natural person or that can identify a natural person by reference to the facts, data or any other materials about that natural person.

The information or data may be in the form of documents, files, reports, books, charts, portraits, photos, films, recorded images or sounds that may be kept or stored in computer machines or in any other means that can be used to make the recorded information or data seen. Personal Data shall also include facts about, or behavior of, a deceased person.

Definition of Sensitive Personal Data

Not available in the present Draft.

National Data Protection Authority

None at present – see detail in “Law” section above.

Registration

No registration requirement with respect to the collection or use of personal data exists.

Data Protection Officers

No requirement exists in Thailand for an organization to appoint a data protection officer.

Collection and Processing

Statutory laws provide a certain level of protection for the accumulation, retention and release of personal data for Specific Businesses.

For example, a telecommunications operator may collect personal data from customers only for the purpose of its business operation and as permissible by law. The collection of sensitive information, such as physical handicaps or genetics, is strictly prohibited. Operators must also have proper security measures in place to protect customers’ data, including any of their personal data. Any release of personal data, except disclosure for national security purposes, requires the data owner’s consent.

According to the Child Protection Act, the guardian of a child’s safety or a child’s safety protector are forbidden to disclose the name, surname, picture or any information regarding the child and the child’s guardian in a manner which is likely to be detrimental to the reputation, esteem or entitlements of the child. This is also applied mutatis mutandis to a competent official, social worker, psychologist or person having the duty to protect a child’s safety, who has come into the possession of such information as a result of the performance of his or her duties. It is also forbidden for any person to advertise or disseminate by means of the mass media or any other form of information technology the disclosed information in violation of the aforementioned provisions If no specific statutory law is applicable then generally, the collection and processing of personal data with the consent (preferably written) of the data owner is permissible.

Transfer

Under the Thai Civil and Commercial Code, a person who willfully, negligently, or unlawfully injures the life, body, health, liberty, property or any right of another person has committed a wrongful act and is required to compensate the victim. Disclosure or transfer of data may be considered a wrongful act if it causes damage to the data owner.

In practice, the prior written consent of the data owner should be obtained before transferring the data to any third person. Disclosure of data without the consent of the data owner is permissible in very limited circumstances (e.g. pursuant to an order from a government authority or Thai court).

Security

Data controllers in Specific Businesses are required to maintain an appropriate level of security to protect any stored personal data from unauthorized access. Failure to comply with this requirement normally results in both imprisonment and monetary penalties.

Data controllers in non-Specific Businesses are also recommended to implement appropriate security measures to protect personal data from unauthorized access. If unauthorized access causes any damage to the data owner, the data controller may also be liable under the Thai Civil and Commercial Code for committing a wrongful act by failing to prevent the unauthorized access.

Breach Notification

No notification requirement exists with respect to privacy or data protection law.

Enforcement

No organization in Thailand is primarily responsible for the enforcement of privacy or data protection law.

Electronic Marketing

Presently, there is no specific law that prohibits the use of personal data for the purposes of electronic marketing. The availability of option for opt-in and opt-out is just the practice as a norm and not yet the law

Online Privacy (Including Cookies and Location Data)

At present, there is no provision under the relevant laws and the Draft that specifically prohibits or controls the placing of cookies on users’ computers.

Although there are provisions under the Computer Crime Act B.E. 2550 (2007), imposing punishments for certain computer data alterations, the computer cookies or location tracing mechanisms are excluded as they will not cause any of the above alterations to happen to computers. Those below acts are punishable:

  • Any person who illegally damages, destroys, corrects, changes or amends a third party’s computer data, either in whole or in part, shall be subject to imprisonment for no longer than 5 years or a fine of not more than THB 100,000, or both.
  • Any person who illegally commits any act that causes the working of a third party’s computer system to be suspended, delayed, hindered or disrupted to the extent that the computer system fails to operate normally shall be subject to imprisonment for no longer than 5 years or a fine of not more than THB 100,000, or both.
  • Any person sending computer data or electronic mail to another person and covering up the source of such aforementioned data in a manner that disturbs the other person’s normal operation of their computer system shall be subject to a fine of not more than THB 100,000
Organic Act on Counter Corruption 1999 (Extract)

Given on the 8th Day of November B.E. 2542; Being the 54th Year of the Present Reign.

This Act is comprised of 11 chapters, 133 articles, and the legislative authority of the foundation of the National Counter Corruption Commission of Thailand. As in Section 6: There shall be the National Counter Corruption Commission called the “N.C.C. Commission.” in brief, consisting of the President and other eight qualified members appointed by the King with the advice of the Senate.

Section 1.

This Act shall be called the “Organic Act on Counter Corruption, B.E. 2542 (1999)”.

Section 2.

This Act shall come into force as from the day following the date of its publication in the Government Gazette.

Section 3.

There shall be repealed:

The Counter Corruption Act, B.E. 2518 (1975);

The Counter Corruption Act (No. 2), B.E. 2530 (1987);

The Act on the Declaration of Assets and Liabilities of Senators and Members of the House of Representatives, B.E. 2539 (1996);

Section 4.

In this Organic Act:

“State official” means a person holding a political position, Government official or local official assuming a position or having permanent salaries, official or person performing duties in a State enterprise or a State agency, local administrator and member of a local assembly who is not a person holding a political position, official under the law on local administration and shall include a member of a Board, Commission, Committee or of a sub-committee, employee of a Government agency, State enterprise or State agency and person or group of persons exercising or entrusted to exercise the State’s administrative power in the performance of a particular act under the law, whether established under the governmental bureaucratic channel or by a State enterprise or other State undertaking;

“Person holding a political position” means:

(1) Prime Minister;

(2) Minister;

(3) Member of the House of Representatives;

(4) Senator;

(5) Political official other than (1) and (2) under the law on political officials;

(6) Political parliamentary official under the law on parliamentary officials;

(7) Governor of Bangkok Metropolitan, Deputy Governor of Bangkok Metropolitan and member of the Bangkok Metropolitan Assembly;

(8) Executive member and member of a Nacho Municipality Council;

(9) local administrator or member of a local assembly of a local government organization the income or budget of which is not lower than that prescribed in the Government Gazette by the National Counter Corruption Commission;

“person holding a high-ranking position” means the person holding the position as head of a Government agency at the level of a Department, Sub-Ministry or Ministry in respect of ordinary Government officials, the person holding the position as Commander of a National Force or Commander-in-chief in respect of military officials, the person holding the position as Commander of the National Royal Thai Police Force, the person holding the position as Permanent-Secretary of the Bangkok Metropolitan Administration, member of the Board the top executive of a State enterprise or head of an independent agency under the Constitution which enjoys the status of a juristic person, or the person holding the position prescribed by other laws;

“injured person” means the person injured by the commission of the act giving rise to unusual healthiness of a State official, the commission of an offence of malfeasance in office under the Penal Code or the commission of an offence of malfeasance or corruption under other laws;

“alleged culprit” means the person who is alleged to have committed, or who is under the circumstance apparent to the National Counter Corruption Commission as indicating the commission of, an act which prima facie constitutes a basis for the removal from office, the criminal proceedings, the lodging of a request that assets devolve on the State or the initiation of a disciplinary action as provided in this Organic Act, and shall also include the principal, instigator or abider and abettor in the commission of the said act;

“President” means the President of the National Counter Corruption Commission;

“Member” means a member of the National Counter Corruption Commission;

“Member of a sub-committee” means a member of a sub-committee on national counter corruption appointed by the National Counter Corruption Commission to perform activities under this Organic Act;

“Secretary-General” means the Secretary-General of the National Counter Corruption Commission;

“competent official” means the Secretary-General and the Government official attached to the Office of the National Counter Corruption Commission, including the Government official or official assisting in the official service of the Office of the National Counter Corruption Commission, entrusted by the National Counter Corruption Commission to perform activities under this Organic Act;

“corruption” means the performance or omission of a particular act in office or in the course of official duty, or the performance or omission of a particular act under the circumstance likely to cause other persons to believe that the person so performing or omitting holds such office or has such duty although the office or duty is not held or assumed by such person, or the exercise of power in office or in the course official duty with a view to acquiring undue benefits for his or her own or for other persons;

“unusual increase of assets” means the phenomenon where the assets and liabilities listed in the account showing assets and liabilities submitted by the person holding a political position upon vacation of office differ from the account showing assets and liabilities submitted at the time of taking office, in the manner that the assets unusually increase or liabilities unusually decrease;

“unusual healthiness” means having an unusually large quantity of assets, having an unusual increase of assets, having an unusual decrease of liabilities or having illegitimate acquisition of assets in a consequence of the performance of duties or the exercise of power in office or in the course of duty.

Section 5. The President of the National Counter Corruption Commission shall have charge and control of the execution of this Organic Act and shall have the power to issue notifications or regulations and appoint competent officials with the approval of the National Counter Corruption Commission for the execution of this Organic Act.

The notification and regulation under paragraph one which is of general application shall enter into force upon their publication in the Government Gazette.

Chapter I National Counter Corruption Commission

Section 6.

There shall be the National Counter Corruption Commission called the “N.C.C. Commission.” in brief, consisting of the President and other eight qualified members appointed by the King with the advice of the Senate.

Section 7.

The selection and election of members shall be conducted as follows:

(1) the President of the Senate shall cause to be established the Selection Committee of fifteen members, consisting of the President of the Supreme Court of Justice, the President of the Constitutional Court, the President of the Supreme Administrative Court, Rectors of all State higher education institutions which are juristic persons, being elected among themselves to be seven in number, and representatives of all political parties having a member who is a member of the House of Representatives, provided that each party shall have one representative and all such representatives shall elect among themselves to be five in number; and the Selection Committee shall have the duties to select and prepare a list of names of eighteen qualified persons and submit it to the President of the Senate with the consent of the nominated persons within thirty days as from the date when a ground for the selection of persons to be in such office occurs. The resolution making such nomination must be passed by votes of not less than three-fourths of the total number of the existing members of the Selection Committee;

(2) The President of the Senate shall convoke a sitting of the Senate for the purpose of passing a resolution, by secret ballot, electing the nominated persons in the list under (1). For this purpose, the persons who receive the highest votes which are more than one-half of the total number of the existing senators shall be elected as members, but if the number of the persons who are elected and receive the highest votes which are more than one-half of the total number of the existing senators is less than nine, the name-list of the remaining nominees shall be submitted to the senators for voting on another occasion consecutively. In such case, the persons receiving the highest votes in respective order in the specified number shall be elected as members. If there are persons receiving equal votes in any order which result in having more than nine persons, the President of the Senate shall draw lots to determine who are elected persons.

The persons elected as members under (2) shall meet and elect one among them to be President and shall, then, notify the President of the Senate of result thereof.

The President of the Senate shall countersign the Royal Command appointing the President and members.

Section 8.

The persons nominated for election as members must be of apparent integrity, with qualifications under section 9 and without any of the prohibitions under section 10.

Section 9.

The persons nominated for election as members must be of the following qualifications:

(1) Being of Thai nationality by birth;

(2) Being of not less than forty five years of age;

(3) having, in the past, been a Minister, judge of the Constitutional Court, Election Commissioner, Ombudsman, member of the National Human Rights Commission, member of the State Audit Commission, or serving or having, in the past, served in the position not lower than Deputy Prosecutor-General, Director-General or its equivalent, or holding the position not lower than Professor.

Section 10.

The persons nominated for election as members must not be under any of the following prohibitions:

(1) Being a member of the House of Representatives, senator, and political official, member of a local assembly or local administrator;

(2) Being or having, in the past, been a member or a person holding other position of a political party over the period of three years before the date of the nomination;

(3) Being a judge of the Constitutional Court, Election Commissioner, and Ombudsman, member of the National Human Rights Commission, judge of an Administrative Court or member of the State Audit Commission;

(4) Being of unsound mind or of mental infirmity;

(5) Being a Buddhist priest, novice, monk or clergy;

(6) Being detained by a warrant of the Court or by a lawful order;

(7) Being under suspension of the right to vote;

(8) Being addicted to drugs;

(9) Being an undercharged bankrupt;

(10) Having been sentenced by a judgment to imprisonment and being detained by a warrant of the Court;

(11) having been discharged for a period of less than five years on the nomination day after being sentenced by a judgment to imprisonment for a term of two years or more except for an offence committed through negligence;

(12) having been expelled, dismissed or removed from the official service, a State agency or a State enterprise on the ground of corruption or deemed corruption;

(13) Having been ordered by a judgment or an order of the Court that his or her assets shall devolve upon the State on the ground of unusual healthiness or an unusual increase of assets;

(14) Being under the prohibition from holding a political position under section 34 and section 41;

(15) Having been removed from office by the resolution of the Senate, provided that, from the date of the resolution to the nomination day, the period of five years has not elapsed.

Section 11.

The person elected as member shall not:

(1) Be a Government official holding a permanent position or receiving salaries;

(2) Be an official or employee of a State agency, State enterprise or local administration, or be a member of the Board or counsel of a State enterprise or State agency;

(3) Hold any position in a partnership, a company or an organization carrying out businesses for sharing profits or incomes, or be an employee of any person;

(4) Engage in any other independent profession.

When the Senate has elected the person in (1), (2), (3) or (4) with the consent of that person, the elected person can commence the performance of duties only when he or she has resigned from the position in (1), (2), (3) or has adduced evidence to the satisfaction that his or her engagement in the independent profession in (4) has ceased to exist. This must be done within fifteen days as from the date of election. If that person has not resigned or ceased to engage in the independent profession within the specified time, it shall be deemed that that person has never been elected as member and the provisions of section 14 shall apply.

Section 12.

Members shall hold office for a term of nine years as from the date of their appointment by the King and shall serve for only one term.

Members who vacate office at the expiration of term shall remain in office to continue to perform their duties until the newly appointed members take office.

Section 13.

In addition to the vacation of office at the expiration of the term under section 12, members vacate office upon:

(1) Death;

(2) Having attained the age of seventy years;

(3) Resignation;

(4) Being disqualified under section 9 or being under any of the prohibitions under section 10;

(5) Violation of section 11;

(6) Being removed by a resolution of Senate under section 16;

(7) Being sentenced by a judgment to imprisonment.

When the circumstance under paragraph one occurs, the remaining members may continue to perform duties and it shall be deemed that the N.C.C. Commission consists of the existing members.

Section 14.

Upon vacation of office of a member, the proceeding under section 7 shall be commenced within thirty days as from the date of vacation.

In the case where a member vacates office under section 13, the provisions of section 7 shall apply mutatis mutandis. In this case, the Selection Committee shall prepare and submit to the President of the Senate a name-list of qualified persons in the number two times the number of the persons having vacated office.

In the case where a member vacates office while the National Assembly is not in session, the proceeding under section 7 shall be commenced within thirty days as from the date of the opening of the National Assembly’s session.

Section 15

Members shall submit an account showing particulars of their assets and liabilities, their spouses and children who have not yet become suit juries to the President of the National Assembly upon taking or vacating office, and the provisions of section 32, section 33, section 35 paragraph one and paragraph three, section 41 and section 119 shall apply mutatis mutandis.

Section 16

Members of the House of Representatives of not less than one-fourth of the total number of the existing members of the House have the right to lodge with the President of the Senate a complaint that any member has acted unjustly, intentionally violated the Constitution or laws or has been under any circumstance which is seriously detrimental to the dignity of the holding of office, in order to request the Senate to pass a resolution removing that member from office.

The resolution of the Senate removing the member from office under paragraph one shall be passed by votes of not less than three-fourths of the total number of the existing members of the Senate.

Section 17.

Members of the House of Representatives, senators or members of both Houses of not less than one-fourth of the total number of the existing members of both Houses have the right to lodge with the Supreme Court of Justice’s Criminal Division for Persons Holding Political Positions a request wherein it is alleged that any member has become unusually wealthy or has committed an offence of corruption or malfeasance in office.

The request under paragraph one shall clearly itemize the circumstance in which such person has allegedly committed the act under paragraph one and shall be submitted to the President of the Senate. Upon receipt of the said request, the President of the Senate shall refer it to the Supreme Court of Justice’s Criminal Division for Persons Holding Political Positions for trial and adjudication.

In the case where the Supreme Court of Justice’s Criminal Division for Persons Holding Political Positions gives an order admitting the request, the alleged member shall not perform his or her duty until the Supreme Court of Justice’s Criminal Division for Persons Holding Political Positions has passed a judgment dismissing the said request.

The proceedings in Court shall be in accordance with the organic law on criminal proceedings for persons holding political positions.

Section 18

Salaries, emoluments and other benefits of the President and members shall be in accordance with the laws on such particular matters.

Chapter II Powers and Duties of the National Counter Corruption Commission

Section 19.

The N.C.C. Commission shall have the following powers and duties:

(1) To inquire into facts, summaries the case and prepare the opinion to be submitted to the Senate under Chapter 5, Removal from Office;

(2) to inquire into facts, summaries the case and prepare the opinion to be referred to the Prosecutor-General for the purpose of prosecution before the Supreme Court of Justice’s Criminal Division for Persons Holding Political Positions under Chapter 6, Criminal Proceedings Against Persons Holding Political Positions under section 308 of the Constitution;

(3) To inquire and decide whether a State official has become unusually wealthy or has committed an offence of corruption, malfeasance in office or malfeasance in judicial office;

(4) to inspect the accuracy and actual existence of assets and liabilities of State officials and inspect change of assets and liabilities of the persons holding political positions under Chapter 3, Inspection of Assets and Liabilities;

(5) To prescribe rules with respect to the determination of positions and classes or levels of State officials obliged to submit an account showing particulars of assets and liabilities;

(6) to prescribe rules and procedures for the submission of the account showing particulars of assets and liabilities of State officials and the disclosure of accounts showing particulars of assets and liabilities of persons holding the position of Prime Minister and Minister;

(7) to submit an inspection report and a report on the performance of duties together with remarks to the Council of Ministers, the House of Representatives and the Senate annually and publish these reports for dissemination;

(8) to propose measures, opinions or recommendations to the Council of Ministers, National Assembly, Courts or State Audit Commission for the purpose of improving the performance of government service or formulating action plans or projects of Government agencies, State enterprises or other State agencies in an Endeavour to control corruption and the commission of an offence of malfeasance in office or malfeasance in judicial office;

(9) to refer matters to the agency concerned for the purpose of making a request to the Court for an order or judgment canceling or revoking a right or document of title in respect of which the State official has given approval or granted permission conferring the rights or benefits or issued the document of title to a particular person in contravention of the law or official regulations to the detriment of the Government service;

(10) to take action with a view to preventing corruption and building up attitudes and taste concerning integrity and honesty, and to take such action as to facilitate members of the public or groups of persons to have participation in counter corruption;

(11) To give approval to the appointment of the Secretary-General;

(12) To appoint persons or a group of persons for performing duties as entrusted;

(13) To carry out other acts provided by this Organic Act or other laws to be the responsibility of the N.C.C. Commission.

Section 20.

At a meeting of the N.C.C. Commission, the presence of not less than one-half of the total number of the members is required to constitute a quorum. But, a quorum for considering and making a determination of a particular matter or for giving approval to a particular matter shall be constituted by the presence of not less than two-thirds of the total number of the members.

Section 21

A meeting shall be in accordance with the regulations prescribed by the N.C.C. Commission.

The calling for a meeting shall be in writing and notified to every member not less than three days in advance unless such member has known of the calling for a meeting at the previous meeting. In such a case, the written notification of the calling for a meeting may be made only to the members not present at the meeting.

The provisions in paragraph two shall not apply in the case where there occurs a compelling necessary urgency. In such a case, the President may call for a meeting otherwise.

Section 22

The President has the power and duty to conduct a meeting and, in the interest of its orderly proceeding, shall have the power to give any order as is necessary.

If the President is not present at the meeting or is unable to perform the duty, the members present at the meeting shall elect one member among themselves to preside over the meeting.

Section 23

A resolution of a meeting shall be by a majority of votes, except that in the case of passing a resolution making a determination or giving an approval in accordance with the provisions of this Organic Act, the President and members shall cast votes for the purpose of the resolution and the resolution shall be passed by votes of not less than two-thirds of the total number of the existing member.

In casting votes, each member shall have one vote. In the case of an equality of votes, the person presiding over the meeting shall have an additional vote as a casting vote.

Section 24.

There shall be written minutes of each meeting.

If a dissenting opinion is presented, the dissenting opinion and reasons invoked shall be recorded in the minutes of the meeting. If minority members present their dissenting opinion in writing, it shall also be recorded in the minutes of the meeting.

Section 25.

In the performance of duties under this Organic Act, the N.C.C. Commission shall have the powers as follows:

(1) to give an order instructing a Government official, official or employee of a Government agency, State agency, State enterprise or local administration to perform all such acts as are necessary for the performance of duties of the N.C.C. Commission or to summon relevant documents or evidence from any person or to summon any person to give statements or testimonies, for the purpose of a fact inquiry;

(2) to file an application with the competent Court for an issuance of a warrant permitting an entry into a dwelling-place, place of business or any other place including a vehicle of any person from sunrise to sunset or during the working hours for the purposes of inspecting, searching, seizing or attaching documents, property or other evidence related to the matter under inquiry. If action is not completed within such time, such action may be further taken until its completion;

(3) to address a written request to a Government agency, State agency, State enterprise, local administration or private agency to carry out a particular act for the purpose of the performance of duties of, or the conduct of a fact inquiry or the making of a determination by, the N.C.C. Commission;

(4) To prescribe regulations with respect to the rules and procedures for the payment of per diem, traveling fees and remuneration of a witness and in connection with the performance of duties of competent officials or other matters, for the execution of this Organic Act;

(5) To prescribe the regulation with respect to the payment of a reward under section 30.

Section 26

In taking criminal proceedings against a State official under this Organic Act, the N.C.C. Commission shall have the powers as follows:

(1) to inquire into facts and gather evidence in order for the facts to be known or the offence to be proved and in order for the offender to be prosecuted and punished;

(2) to file an application with the competent Court for an issuance of a warrant of arrest and custody of the alleged culprit who, from the fact inquiry, appears to be an offender or against whom the N.C.C. Commission has passed a resolution that the allegation has a prima facie case, for the purpose of referring such person to the Prosecutor-General for further proceeding.

Section 27.

In the performance of duties under this Organic Act, the President, the member or the Secretary-General as entrusted by the President shall have the power to sign a written communication carried out in accordance with the powers and duties of the N.C.C. Commission.

Section 28.

In the case where the President has the duty to perform any act other than the conduct of a meeting and is temporarily unable to perform the duty, the members shall elect one member among themselves to act as the President.

Section 29.

In the case where any member, member of a sub-committee or competent official is directly or indirectly interested in any particular matter, that person shall not attend and participate in the fact inquiry, the consideration or the determination of such matter.

Section 30

In conducting a fact inquiry in the case of the allegation that a State official has become unusually wealthy or in the inspection of the change of assets and liabilities of a person holding a political position, if any person gives the N.C.C. Commission a trace or clue, information or facts in connection with assets or liabilities of the alleged culprit or the person under inquiry, including the principal, instigator or the aider and abettor and the giving of such trace or clue, information or facts results in the assets which constitute the unusual healthiness or the unusually increased assets devolving on the State by a final order of the Court, such person shall be entitled to the reward in accordance with the regulation prescribed by the N.C.C. Commission.

Section 31

In the performance of duties under this Organic Act, the President, a member, a member of a sub-committee and a competent official shall be an official under the Penal Code.

Chapter VIII the Courts

Part 1 General Provisions

Section 253

Salaries, emoluments and other benefits of judges shall be as provided by law; provided that the system of salary-scale or emoluments applicable to civil servants shall not be applied. The provisions of paragraph one shall apply to Election Commissioners, Ombudsmen, members of the National Counter Corruption Commission and members of the State Audit Commission mutatis mutandis.

Part 2 Constitutional Court

Section 256

The qualified person under section 255 (3) and (4) shall possess the qualifications and shall not be under any of the prohibitions as follows:

1) Being of Thai nationality by birth;

2) Being not less than forty five years of age;

3) having been, in the past, a Minister, an Election Commissioner, an Ombudsman, a member of the National Human Rights Commission, a member of the National Counter Corruption Commission or a member of the State Audit Commission, or having served, in the past, in a position of not lower than Deputy Prosecutor General, Director-General or its equivalent, or holding a position of not lower than Professor;

4) Not being under any of the prohibitions under section 106 or section 109 (1), (2), (4), (5), (6), (7), (13) or (14);

5) Not being a member of the House of Representatives, senator, and political official, member of a local assembly or local administrator;

6) Not being or having been, in the past, a member or holder of other position of a political party over the period of three years preceding the taking of office;

7) Not being an Election Commissioner, an Ombudsman, a member of the National Human Rights Commission, a judge of an Administrative Court, a member of the National Counter Corruption Commission or a member of the State Audit Commission.

Chapter X Inspection of the Exercise of State Power

Part 1 Declaration of Accounts Showing Particulars of Assets and Liabilities

Section 291

Persons holding the following political positions shall submit an account showing particulars of assets and liabilities of themselves, their spouses and children who have not yet become suit juries to the National Counter Corruption Commission on each occasion of taking or vacating office:

1) Prime Minister;

2) Ministers;

3) Members of the House of Representatives;

4) Senators;

5) Other political officials;

6) Local administrators and members of a local assembly as provided by law.

The account under paragraph one shall be submitted together with the supporting documents evidencing the actual existence of such assets and liabilities as well as a copy of the personal income tax return of the previous fiscal year. The declarer shall certify the accuracy of the account and copies of the submitted documents by affixing his or her signature on every page thereof.

Section 293

When the account showing the particulars of assets and liabilities and its supporting documents have been received, the President of the National Counter Corruption Commission or the member of the National Counter Corruption Commission as entrusted by the President shall affix his or her signature on every page of the account.

The account and supporting documents under paragraph one submitted by the Prime Minister and Ministers shall be disclosed to public without delay but not later than thirty days as from the date of the expiration of the time limit for the submission of such account. The account of the persons holding other positions shall not be disclosed to any person unless the disclosure will be useful for the trial and adjudication of cases or for the making of a decision and is requested by the courts or the State Audit Commission.

The President of the National Counter Corruption Commission shall convene a meeting of the Commission to inspect the accuracy and the actual existence of assets and liabilities without delay.

Section 294

In the case where the submission of the account is made by reason of the vacation of office or death of any person holding a political position, the National Counter Corruption Commission shall inspect the change of assets and liabilities of such person and prepare a report of the inspection. Such report shall be published in the Government Gazette.

In the case where it appears that the assets of the person under paragraph one have unusually increased, the President of the National Counter Corruption Commission shall send all documents together with the inspection report to the Prosecutor General to institute an action in the Supreme Court of Justice’s

Criminal Division for Persons Holding Political Positions so that the unusually increasing assets shall vest in the State. The provisions of section 305 paragraphs five shall apply mutatis mutandis.

Section 295

Any person holding a political position who intentionally fails to submit the account showing assets and liabilities and the supporting documents as provided in this Constitution or intentionally submits the same with false statements or conceals the facts which should be revealed shall vacate office as from the date of the expiration of the time limit for the submission under section 292 or as from the date such act is discovered, as the case may be, and such person shall be prohibited from holding any political position for five years as from the date of the vacation of office. When the case under paragraph one occurs, the National Counter Corruption Commission shall refer the matter to the Constitutional Court for further decision, and when the decision of the Constitutional Court is given, the provisions of section 97 shall apply mutatis mutandis.

Section 296

The provisions of section 291, section 292, section 293 paragraphs one and paragraph three and section 295 paragraph one shall apply mutatis mutandis to other State officials as provided by the organic law on counter corruption.

Part 2 the National Counter Corruption Commission

Section 297

The National Counter Corruption Commission consists of the President and eight qualified members appointed by the King with the advice of the Senate.

Members of the National Counter Corruption Commission shall be persons of apparent integrity, with qualifications and without any of the prohibitions under section 256. The provisions of section 257 and section 258 shall apply to the selection and election of members of the National Counter Corruption Commission mutatis mutandis. For this purpose, the Selective Committee for members of the National Counter Corruption Commission shall consist of fifteen members, via, the President of the Supreme Court of Justice, the President of the Constitutional Court, the President of the Supreme Administrative Court, Rectors of all State higher education institutions which are juristic person, being elected among themselves to be seven in number, and representatives of all political parties having a member who is a member of the House of Representatives; provided that each party shall have one representative and all such representatives shall elect among themselves to be five in number. The President of the Senate shall countersign the Royal Command appointing the President and members of the National Counter Corruption Commission.

Section 298

Members of the National Counter Corruption Commission shall hold office for a term of nine years as from the date of their appointment by the King and shall serve for only one term.

Members of the National Counter Corruption Commission who vacate office at the expiration of term shall remain in office to continue to perform their duties until the newly appointed members take office. Section 260 and section 261 shall apply to the vacation, selection and election of members of the National Counter Corruption Commission mutatis mutandis.

Section 299

Members of the House of Representatives of not less than one-fourth of the total number of the existing members of the

House have a right to lodge with the President of the Senate a complaint that any member of the National Counter Corruption Commission has acted unjustly, intentionally violated the Constitution or laws or has been under any circumstance which is seriously detrimental to the dignity of the holding of office, in order to request the Senate to pass a resolution removing him or her from office.

The resolution of the Senate removing the member of the National Counter Corruption Commission from office under paragraph one shall be passed by votes of not less than three-fourths of the total number of the existing members of the Senate.

Section 300

Members of the House of Representatives, senators or members of both Houses of not less than one-fourth of the total number of the existing members of both Houses have a right to lodge with the Supreme Court of Justice’s Criminal Division for Persons Holding Political Positions an allegation that any member of the National Counter Corruption Commission has become unusually wealthy or has committed an offence of corruption or malfeasance in office.

The request under paragraph one shall clearly, itemize the circumstance in which such person has allegedly committed the act under paragraph one and shall be submitted to the President of the Senate. When the President of the Senate has received the said request, the President shall refer it to the Supreme Court of Justice’s Criminal Division for Persons Holding Political Positions for trial and adjudication.

The alleged member of the National Counter Corruption Commission shall not perform his or her duty until the Supreme Court of Justice’s Criminal Division for Persons Holding Political Positions has dismissed the said request.

Section 301

The National Counter Corruption Commission shall have the following powers and duties:

1) To inquire into facts, summaries the case and prepare opinion to be submitted to the Senate according to section 305;

2) To inquire into facts, summaries the case and prepare opinions to be submitted to the Supreme Court of Justice’s Criminal Division for Persons Holding Political Positions in accordance with section 308;

3) to inquire and decide whether a State official has become unusually wealthy or has committed an offence of corruption, malfeasance in office or malfeasance in judicial office in order to take further action in accordance with the organic law on counter corruption;

4) to inspect the accuracy, actual existence as well as change of assets and liabilities of the persons holding positions under section 291 and section 296 as stated in the account and supporting documents submitted;

5) to submit an inspection report and a report on the performance of duties together with remarks to the Council of Ministers, the House of Representatives and the Senate annually and publish that report for dissemination;

6) To carry on other acts as provided by law. Section 146 and section 265 shall apply to the performance of duties of the National Counter Corruption Commission mutatis mutandis.

Section 302

The National Counter Corruption Commission shall have an independent secretariat, with the Secretary-General of the National Counter Corruption Commission as the superior responsible directly to the President of the National Counter Corruption Commission.

The appointment of the Secretary-General of the National Counter Corruption Commission shall be approved by the National Counter Corruption Commission and the Senate.

The Office of the National Counter Corruption Commission shall have autonomy in personnel administration, budget and other activities as provided by law.

Police Background Check Procedures

Who can apply?

•  Non/Citizens and nonresidents can apply.
•  Third party representatives can apply.
•  Prospective UK employers can apply, with subject’s written consent.

Where?

•  Local applicants must apply in person to the Police Clearance Services Centre.
•  Overseas applicants are advised to apply via post to the Police Clearance Services Centre.

What must the applicant supply?

Local Thai nationals:

•  Photocopy of Thai ID card
•  Photocopy of confirmation of address
•  Photocopy of Military Service Document/Certificate of Completion (males over 20 years of age only)
•  Photocopy of marriage certificate (if applicable)
•  Two passport sized photographs
•  Three sets of fingerprints (taken at local police station; include seal and signature of officer)
•  Self-addressed, stamped envelope

Local foreign nationals (currently residing) must also include:

•  Original passport and copy
•  Document stating applicant is working/resides in Thailand
•  Thai work permit (if applicable) and photocopy

Overseas Thai nationals:

•  Covering note stating application for Police Clearance Certificate
•  Photocopy of current passport
•  Photocopy of Thai ID card
•  Photocopy of confirmation of address
•  Photocopy of Military Service Document/Certificate of Completion (males over 20 years of age only)
•  Photocopy of marriage certificate (if applicable)
•  Two passport sized photographs
•  Three sets of fingerprints (taken at local police station; include seal and signature of officer)
•  Self-addressed, stamped envelope

Overseas foreign nationals (previously residing in Thailand):

•  Covering note stating application for Police Clearance Certificate
•  Photocopy of current passport
•  Photocopy of Thai Work Permit (if applicable)
•  Two passport sized photographs
•  Three sets of fingerprints (taken at Embassy or Met Police station; include seal and signature of officer)
•  Self-addressed, stamped envelope.

What are the costs / turnaround times?

•  100 baht
•  Turnaround of up to seven days.
•  Overseas applicants should contact the Thai police to arrange return of their certificate.

Contact Details

Applications from overseas should be sent to:
Police Clearance Service Centre
Building 24,
Royal Thai Police Headquarters,
Rama 1, Pathumwan,
Bangkok 10330, Thailand
Email:psc@police.go.th
Website:http://www.pcscenter.sb.police.go.th(Thai andEnglish)
The Royal Thai Embassy, London:
Royal Thai Embassy,
Consular Section
29-30 Queen’sGate,
LONDON SW7 5JB
Tel: (+44) 020 758 92 944

What does the certificate look like?

•  Certificates are returned in English
•  Printed on watermarked Garuda paper, including signature of issuing officer.

Risk

Sovereign risk

The timing of democratic elections remains uncertain. The military-controlled government will enact structural political changes designed to restrict the powers of a democratically elected government as much as possible. However, these moves are not expected to affect the sovereign’s ability or commitment to meet its debt-servicing obligations.

Banking sector risk

The score for banking sector risk remains at the less risky end of the BB band. Despite concerns over high levels of household debt, the banking system is strong. Capital ratios are high, and non-performing loans as a proportion of the total loan stock are low.

Political risk

Military rule has restored stability, albeit without resolving Thailand’s deep social and political divisions. The junta is unlikely to relinquish power before imposing constitutional changes designed to ensure that no single party wins an outright majority. Further political turbulence is likely in the next two years, especially if the looming royal succession takes place.

Economic structure risk

The military-controlled interim government’s efforts to speed up public investment in infrastructure and to streamline foreign-investment approvals will help to revitalise consumer and business confidence. The Economist Intelligence Unit expects the economy to stage a modest recovery in 2015-16.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The Government of Canada takes the safety and security of Canadians abroad very seriously and provides credible and timely information in its Travel Advice. In the event of a crisis situation that requires evacuation, the Government of Canada’s policy is to provide safe transportation to the closest safe location. The Government of Canada will assist you in leaving a country or a region as a last resort, when all means of commercial or personal transportation have been exhausted. This service is provided on a cost-recovery basis. Onward travel is at your personal expense. Situations vary from one location to another, and there may be constraints on government resources that will limit the ability of the Government of Canada to provide assistance, particularly in countries or regions where the potential for violent conflict or political instability is high.

Political tensions and

Demonstrations

Political instability in Thailand has created a volatile and unpredictable security environment, which has persisted throughout the country, particularly in the capital, Bangkok, since November 2013. Political demonstrations could take place at any time in Bangkok and in other parts of the country, including Phuket, Chiang Mai, and Surat Thani.

While martial law was lifted on April 1, 2015 in most parts of Thailand, the military retains and exercises sweeping powers under other legal provisions, including the right to prevent public gatherings, censor media, impose curfews, set up checkpoints, restrict movement, search for weapons and exercise force in response to violence. Such additional measures could be enforced at any time. There is an increased military presence throughout the country and gatherings of more than five people are prohibited.

A number of television and radio stations are unavailable or are not broadcasting and access to social media services may be temporarily interrupted; however, Internet and phone services, as well as airports and public transportation, are operating normally.

Sporadic pro- and anti-coup demonstrations occur. Demonstration sites include the Victory Monument area, the Democracy Monument area, and Ratchraprasong intersection in central Bangkok. Other areas of the city may also be affected by protests and associated movements. Demonstrations may cause traffic and public transportation disruptions due to the blocking of major roads and intersections and closures of BTS stations.

Violence associated with demonstrations has occasionally intensified. Several incidents have resulted in deaths and injuries. Indiscriminate attacks using explosive devices and firearms have taken place in busy public areas during the day and at night. Clashes have also occurred between pro- and anti-government demonstrators. On occasion, police have responded with tear gas, water cannons and rubber bullets in their attempts to deter protesters. Attacks do not specifically target tourists or foreigners, but the danger of being in the wrong place at the wrong time is always present.

Maintain a high level of personal security awareness at all times. Carefully plan your movements throughout Bangkok, allowing for extra commuting time (including to the airport) and identify alternate routes in case of blockages. Avoid demonstrations sites and surrounding areas, as well as military installations and concentrations of security personnel. Be aware that any public statement that is perceived to be critical of the political situation in Thailand, the National Council for Peace and Order, the Royal Thai Army, or the Monarchy could lead to detention. Follow the advice of local authorities and remain informed of current events by monitoring available media, including social media.

Preah Vihear temple area and surrounding border region (see Advisory)

There have been frequent clashes between Thailand and Cambodia over a border dispute in this region, including exchanges of gunfire and artillery, which resulted in numerous fatalities and the evacuation of civilians. Martial law is in effect in the area and the presence of landmines has been reported. Tensions are high and military hostilities could further escalate without warning. Exercise a high degree of caution if you are travelling to all other areas of the Thai-Cambodian border.

Southern provinces of Narathiwat, Pattani, Yala and Songkhla (see Advisory)

Violence in the Muslim-majority southernmost provinces of Narathiwat, Pattani, Yala and Songkhla is highly unpredictable. Attacks against military and civilian targets occur almost daily, and include shootings, bombings, beheadings and arson. Westerners may be specifically targeted. Deadly attacks occur frequently and are regularly directed at government and security buildings and personnel, but have also occurred in a variety of public places, including shopping districts, entertainment venues, public transit and hotels that may be frequented by tourists. Since January 2004, more than 4,700 people have been killed and many more injured, including foreigners. You risk becoming victim of an indiscriminate attack if you travel in the region.

Heavily enhanced security measures—including martial law in the provinces of Narathiwat, Pattani and Yala, as well as the Sadao district of Songkhla—are in place to provide authorities with increased enforcement powers that may be used to address ongoing violence in the region. These measures allow authorities to detain suspects without charge, conduct searches, seize objects or documents, and impose curfews.

Border areas in the provinces of Tak and Mae Hong Son (border with Burma)

Be particularly vigilant when travelling to the border areas in the Thai provinces of Tak and Mae Hong Son due to banditry and occasional armed clashes on the Burmese side of the border, and between Thai security forces and armed criminal groups, such as drug traffickers. Incursions and shelling into Thailand have occurred. Border crossing points may be closed without notice.

Terrorism

There is a threat of terrorism throughout Southeast Asia, including Thailand. Maintain a high level of personal security awareness at all times as the security situation could deteriorate without notice. Exercise caution, particularly in commercial and public establishments (hotels, clubs, restaurants, bars, schools, places of worship), outdoor recreation events and tourist areas frequented by foreigners.

On April 10, 2015, a car bomb exploded in the underground parking lot of the Central Festival shopping centre on the island of Koh Samui, injuring seven people. On February 1, 2015, two explosions occurred at the Siam station of Bangkok’s Skytrain system, outside a shopping mall. One person was injured as a result of these explosions.

Crime

Violent crime against foreigners occurs occasionally. Petty crime, such as purse snatching, pickpocketing and theft, is common. Do not leave bags unattended. Ensure that your personal belongings, passports and other travel documents are secure at all times, especially in tourist areas, crowded markets, and bus or train stations. Thieves sometimes use razors to slit open purses or bags to remove the contents. Use only reputable transportation companies. Thefts have been reported on the buses and vans that provide transport services throughout the country. Personal belongings, including passports, have been stolen from luggage compartments under buses, especially on long distance journeys. Break-ins occur at budget guesthouses, sometimes while guests are asleep in their rooms.

Be careful at night in entertainment areas throughout the country, particularly during Full Moon parties in Koh Phangan and similar events in other popular tourist locations. Robberies, injuries, drug abuse, arrests, assaults (including sexual assaults) and deaths related to these parties have been reported. Passport thefts and losses are extremely common at these parties and their replacement may cause significant travel delays.

Foreigners have been targeted in incidents of drink spiking, often combined with sexual assault or theft. Never leave food or drinks unattended or in the care of strangers, and pay attention when drinks are being prepared and served. Seek immediate medical attention if you suspect that you have been drugged.

Exercise caution when travelling to the border areas with Burma (Myanmar). Occasional violence, banditry and clashes between government forces, rebel units, and drug traffickers have been reported. Consult the Thai Tourist Police, by calling 1155 toll-free, to determine if official border crossing points are open. Cross at designated border crossing points only, with the required travel documentation.

Women’s safety

Sexual assaults against foreign women have occurred. Consult our publication entitled Her Own Way: A Woman’s Safe-Travel Guide for travel safety information specifically aimed at Canadian women.

General safety information

We have received reports that there have been recent cases of poisoning linked to chemical pesticides, including phosphine. Should you believe you have been exposed to a chemical pesticide and are experiencing unusual symptoms, seek immediate medical assistance. When travelling, seek information on whether or not chemical pesticides, such as phosphine are used in your accommodations.

Always carry your passport and visa as you may be asked to prove your identity and date of entry into the country. Failure to provide internationally recognized identification could result in detention.

Transportation

Traffic drives on the left. Paved roads connect major cities, but most have only two lanes. Motorcycle accidents kill or maim Canadians in Thailand each year. You should avoid driving or riding motorcycles in Thailand, even if you are an experienced motorcyclist. Substandard road conditions, local disregard for traffic laws, and drunk driving result in frequent accidents, particularly in the areas of Bangkok, Pattaya, Phuket and Koh Samui. Although motorcycles can easily be rented in Thailand, it is illegal to operate them without a valid Thai motorcycle licence or an international driving permit with a motorcycle endorsement. Helmets are mandatory for motorcycle drivers and passengers, but many do not meet international safety standards. Carry your identification card, driver’s licence and vehicle registration book at all times.

Private vehicle, minivan and bus accidents caused by dangerous road conditions, poor weather, driver fatigue, dangerous driving practices and driver intoxication are common. Canadians have been injured or killed in such accidents. Slow-moving trucks limit speed and visibility. Speeding and reckless passing are common. Avoid driving on mountain roads at night, especially during the rainy season (June-October).

When arriving by air, use licensed taxis from official taxi stands, limousine services or official airport buses, or arrange to be picked up by hotel shuttle services. Unlicensed vehicles (black and white licence plates) are not properly insured to carry passengers and may not use meters. Do not share a taxi with strangers. Disputes with operators of taxis, tuk tuks, etc., have occurred and have occasionally resulted in violence or intimidation. Seek the assistance of local police in settling the matter if this happens to you and you feel threatened.

There have been several incidents of passenger boats sinking due to overcrowding and poor maintenance. Vessels often lack adequate safety equipment. Rail lines in the far south have been the target of acts of sabotage and armed attack.

A number of train accidents have occurred in the past few years, some causing injuries and deaths.

See Transportation Safety in order to verify if national airlines meet safety standards.

Scams

Canadians visiting Thailand regularly report having fallen victim to a variety of scams. Before renting a motorcycle or jet-ski, read all rental contracts thoroughly to ensure that the vehicle is insured to cover damage and theft. Only rent from reputable companies and never leave your passport as collateral. It has been reported that, upon return of the rental, claims of damage allegedly caused by the renter have been made. In some cases, renters who refused to pay were harassed and threatened, and their passports (left as collateral) were held. If your passport is inaccessible because of such a situation, you may be subject to investigation by Passport Canada and may receive limited passport services. In other cases, particularly with jet-skis, accidents have been allegedly staged to create damage for which the rental company seeks compensation from the renter. In cases of motorcycle rentals, some companies have been known to steal the motorcycle and claim compensation from the renter for the loss.

When dealing with travel agencies, ensure that the company is a reputable tour organization before providing payment. Disputes may be reported to the Tourism Authority of Thailand by calling 1672.

In known scams involving gems and jewellery, merchants sell lower-quality items at inflated prices with promises that the items can be resold at a profit. The guarantees that merchants offer are not always honoured. Carefully consider all purchases if you are not knowledgeable about gems and jewellery. The Government of Canada cannot assist in obtaining refunds for purchases made. For further information, contact the Tourism Authority of Thailand.

Report all incidents of crime or scams to the Thai police in the jurisdiction where the incident occurred, and before leaving Thailand. Contact the Tourist Police and the Tourist Assistance Centre by calling 1155 toll-free.

Swimming and water sports

Deaths have occurred as a result of contact with poisonous sea jellies. There have been reports of sea jellies off Koh Pha-ngan, Phuket, Krabi, Koh Lanta and Koh Phi Phi. Exercise extreme caution when swimming in these areas. If stung, seek immediate medical attention.

Riptides in coastal areas can be strong, including the popular destinations of Phuket, Koh Samui, Pattaya, Rayong and Cha-am/Hua Hin. There have been a number of deaths due to drowning. Heed flag warnings and under no circumstances swim when a red flag is displayed.

Diving schools and rescue services may not adhere to international standards. Rent water sports equipment only from operators affiliated with major international training organizations.

Piracy

Pirate attacks occur in coastal waters and, in some cases, farther out at sea. Mariners should take appropriate precautions. For additional information, consult the Live Piracy Report published by the International Maritime Bureau.

Summary

Calendar GMT Reference Actual Previous Consensus Forecast
2014-11-17 02:30 AM Q3 0.6% 0.4% 1.0% 0.78%
2015-02-16 02:30 AM Q4 2.3% 0.6% 2.4% 1.8%
2015-05-18 03:30 AM Q1 3.0% 2.1% (R) 3.4% 2.9%
2015-08-18 03:30 AM Q2 3.0 2.35%
2015-11-17 02:30 AM Q3 0.17%
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