Abstract:
Thai government have prepared to integrate many aspects for developing country and raising the living standards of people through Information Technology. One of them is the integration of Thai health system by personal health record application to collect and gather the data of service recipients in a hospital. In the past, health records of service recipients were collected in the form of paper documents, but nowadays, health records of service recipients are stored in electronic documents. This make it easier to access information that results in such information being disseminated to the public without the consent of the personal data owner and violate the right to privacy of the data owner. This research studies the concept and theory regarding personal data protection and the provisions in Thai law regarding personal health data protection, such as the Ministerial Regulation on the Protection and Management of Personal Health Information B.E. 2561 and the Personal Data Protection Act B.E. 2562 in comparison with the personal data protection laws of the European Union and the United States of America. It focuses on issue of the protection of personal data stored in electronic systems in order to propose the appropriate legal measures as follows. First, the amendment should be made to the Personal Data Protection Act B.E. 2562 in order to cover both personal data and personal health data stored in the electronic system by adding the definition of "personal health data" and adding the rights of personal health data owners into this Act. Second, amendments should be made to the Ministerial Regulation on the Protection and Management of Personal Health Information B.E. 2561 by adding the definition of "Electronic Personal Health Information".