What is PDPA and How Does It Affect HR Background Checks?

In today’s digital age, data protection has become a critical concern for businesses worldwide. For companies operating in Thailand, understanding the Personal Data Protection Act (PDPA) is essential, especially when it comes to sensitive processes like employment background checks.

What is PDPA?

The Personal Data Protection Act (PDPA) is Thailand’s comprehensive data protection law, fully enforced since June 1, 2022. Inspired by the EU’s General Data Protection Regulation (GDPR), the PDPA regulates how businesses collect, use, disclose, and store personal data.

Under the PDPA, “personal data” refers to any information that can directly or indirectly identify an individual. This includes names, ID numbers, job history, education background, criminal records, and even social media activity, all commonly reviewed during background screening.

In terms of hiring, this means every action involving candidate or employee data must follow PDPA’s principles such as consent, transparency, legitimate purpose, security, and data minimization.

How does PDPA Thailand impact HR  background checks?

HR background checks involve verifying details such as employment history, education, references, and sometimes criminal records. Under the PDPA, these activities are strictly regulated to protect candidates’ privacy and prevent misuse.

Compliance tips for handling sensitive data, include:

1. Obtain informed, explicit consent

   Clearly explain why the personal data is being collected and get the candidate’s written consent before starting any background checks.
   

2. Assess necessity and proportionality

   Collect only information relevant to the role. For example, criminal checks should be conducted only when required for positions involving financial, legal, or safety responsibilities.

3. Engage PDPA-compliant service providers

   Partner with background screening vendors who understand and comply with PDPA requirements and implement proper data protection practices.
   

4. Implement strong data security measures

   Secure access controls, encryption, and restricted user permissions should be in place to protect sensitive personal data from unauthorized access or leaks.

5. Retain data only as needed

   Define and communicate clear data retention periods. Once the information is no longer needed for its original purpose, delete it securely.

6. Train recruitment team

   Provide HR and recruitment teams with training on PDPA compliance, data minimization principles, and the proper handling of sensitive information.

What are the Penalties for Violating PDPA?

Non-compliance with PDPA can result in:

• Civil penalties. Candidates may claim damages for mishandled data.
• Administrative fines. Up to THB 5 million, depending on the severity.
• Criminal liability. In extreme cases, there could be imprisonment of up to one year or fines of THB 1 million.

Beyond legal consequences, violations can severely harm your company’s reputation and candidate trust.

Best practices for PDPA-compliant background checks

To stay compliant and protect your organization, follow these PDPA-aligned best practices:

• Update HR policies and consent forms to reflect PDPA requirements.
• Conduct Data Protection Impact Assessments (DPIA) for high-risk processing activities.
• Train HR and recruitment teams regularly on data protection principles.
• Audit your vendors to ensure they follow PDPA standards.
• Adopt secure data storage and deletion protocols.

At Integrity Thailand, we help HR teams develop strong and fully compliant background screening programs aligned with PDPA. Our services prioritize transparency, security, and legal compliance, helping you minimize risk while ensuring the integrity of your hiring process.

Why choose Integrity Thailand for PDPA-compliant screening?

With over 20 years of regional experience and deep knowledge of Thailand legal framework, we provide:

• Comprehensive pre-employment screening tailored to your needs
• Customizable consent forms and legal templates aligned with PDPA
• Secure and confidential data handling with ISO 27001 standards
• Local expertise backed by global best practices

Let us help you screen smarter and stay compliant.

Contact us today at [email protected] to learn how our background screening solutions can support your HR needs while fully adhering to PDPA requirements.

Frequently asked questions about PDPA 

What personal data is protected under PDPA?

Any information that can identify an individual, including names, contact details, employment history, education, and sensitive data like criminal records.

Can employers conduct background checks without consent?

No, under PDPA, explicit consent is required before collecting or verifying personal data.

How can businesses ensure PDPA compliance in recruitment?

Implement clear consent processes, limit data collection to what is relevant, protect data with strong security measures, and uphold candidates’ rights throughout the hiring process.

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