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PDPA Personal Data Breach Claims in Thailand

Complaints, damages claims or defence when personal data is misused or leaked.

Quick answer

Where personal data is collected, used or disclosed in breach of the Personal Data Protection Act B.E. 2562, the data subject may complain to the expert committee and claim compensation under section 77; the court may add punitive damages of up to twice the actual damages under section 78. Organisations must assess and notify breaches within the period in section 37(4).

Contact our team for a quotation — Contact our team for a quotation; government fees are billed separately. · Timeframe stated in the quotation

Who this is for

  • Individuals whose data was leaked or used without a lawful basis
  • People refused access or erasure requests
  • Organisations facing a breach and notification duty
  • Organisations facing a PDPA complaint or claim

What you receive

  • Assessment of processing basis and evidence of damage
  • Drafting data-subject requests or demand letters
  • Filing complaints with the PDPC Office
  • Civil claims or defence, and advice on criminal exposure
  • For organisations: incident assessment and notification preparation

Documents to prepare

  • Evidence of the leak or use, e.g. screenshots, emails
  • Any breach notice received from the organisation
  • Evidence of loss, e.g. unauthorised transactions
  • Copies of rights requests and replies

How it works

3-step process

  1. 1

    Preserve evidence and assess

    We gather evidence and check whether processing lacked a lawful basis or security measures were inadequate.

  2. 2

    Check limitation

    Section 78 sets three years from knowing of the damage and the responsible controller or processor, or ten years from the violation.

  3. 3

    Choose the route

    We compare an administrative complaint with a civil claim; administrative fines go to the state, not to the complainant.

FAQ

Frequently asked questions

Can I sue as soon as my data leaks?

You must show damage and a PDPA breach. Under section 77 the controller or processor is liable unless it proves force majeure, the data subject's own act, or compliance with a lawful official order.

How fast must an organisation notify a breach?

Section 37(4) requires notifying the Office without delay, within 72 hours of becoming aware where feasible, unless there is no risk to rights and freedoms; data subjects must also be told where the risk is high.

Is there criminal liability?

In some cases, such as unlawful use or disclosure of sensitive data under section 79. Ordinary cases involve civil liability and administrative fines; the facts must be checked case by case.

Browse the full legal FAQ wiki

Written by: Thai Law & Accounting Services — attorneys and licensed accountants

Professional review: A lawyer must review the applicable law and facts before use in a real matter. This notice does not establish that this page has been reviewed or certified by a lawyer.

Last updated: 2026-08

Information as of August 2026. Government fees and processing times change — verify with the relevant agency before acting, or let our team verify for you.

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