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For purposes related to personnel management, business organizations are common for employers to collect, use, or disclose personal data of employees, which under this research comprises all three groups of employees, namely, job applicants, current employees, and former employees. The Personal Data Protection Act B.E. 2562 obligates the business organizations, in its capacity as the data controller, to notify the job applicants, current employees, and former employees, in its capacity as the data subject, prior to or during the collection of personal data of the details of personal data to be collected. This includes the purposes for which personal data is collected, and the period for which personal data will be retained. In the event that a definite retention period cannot be ascertained, the business organizations shall specify a foreseeable retention period in accordance with the standard for such collection. Upon the elapse of such retention period for collection, use, or disclosure of job applicants, current employees, and former employee’s personal data, the business organizations must delete, destroy, or anonymize the personal data. If the business organizations fails to do so, the business organizations shall be liable under the law. A problem thus arises as to the appropriate manner in which to specify the retention period for the collection, use, or disclosure of job applicants, current employees, and former employee’s personal data, particularly in respect of what laws or criteria to be applied. The legal systems under comparative study herein are that of Thailand, the European Union, the United Kingdom, the United States of America, and Singapore.
From research, the author opines that specifying the retention period for the collection, use, or disclosure of job applicants, current employees, and former employee’s personal data is dependent upon two significant principles, namely, the purpose of necessity, and the relevant legal basis. The purpose of necessity comprises factors for consideration such as the business type and nature of the business operation of the business organizations, the position, scope of responsibility, and qualifications of the employee, the purpose of employment at each point of time during employment, and the legal necessity for the collection of personal data. Moreover, a legal basis which is relevant to the purpose must be demonstrated for the business organizations to be able to specify an appropriate retention period. If a definite retention period could not be ascertained, the business organizations shall inform the criteria used to determine the retention period, to allow the job applicants, current employees, and former employees to be able to anticipate the retention period for the collection, use, or disclosure of the job applicants, current employees, and former employee’s personal data. Therefore, this research suggests that a subordinate legislation, rule, practical guideline, or recommendation be made, together with explanations on specifying the retention period for the collection, use, or disclosure of job applicants, current employees, and former employee’s personal data which covers the appropriate period of time, the scope of purpose, the criteria in such specification, and with reference to relevant legislation, in order to provide clarity and to act as a guideline for various types of employment. Additionally, throughout the duration of employment, business organizations should be obligated to have in place a monitoring system for deleting or destroying job applicants, current employees, and former employee’s personal data which is no longer necessary for the purpose. Business organizations should also be obligated to have in place security measures for the protection of personal data, so as to not subject business organizations to legal liability, and which will also act as another safeguard of job applicants, current employees, and former employee’ rights. |
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