Rangsit Journal of Law and Society

ISSUES IN THE ENFORCEMENT OF PERSONAL DATA PROTECTION LAWS IN PUBLIC HOSPITALS

Sirikron Seesonddee — 2025-04-30

At present, technology plays a significant role in the collection of personal data and the operations of government agencies, state enterprises, and private organizations. This is particularly evident in public hospitals, which handle personal health data of service recipients, a category of data protected under Section 7 of the National Health Act B.E. 2550 (2007). Previously, the principles governing personal data protection were subject to Section 24 of the Official Information Act B.E. 2540 (1997). Until Thailand recognized the right to privacy in personal data — a right acknowledged under international human rights law, particularly the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), and further enshrined as a fundamental human right in the Constitution of the Kingdom of Thailand B.E. 2560 (2017)— the country enacted the Personal Data Protection Act B.E. 2562 (2019).This law aims to safeguard personal data rights, which encompass personal health data, as such data pertains to individuals’ medical and public health services as well as their health conditions. Given its sensitive nature, personal health data requires strict protection. Consequently, public hospitals, as state-supervised institutions handling personal data, must comply with the Personal Data Protection Act B.E. 2562 (2019).

Nonetheless, various issues have arisen in the enforcement of the Personal Data Protection Act B.E. 2562 (2019) in public hospitals. These issues include: 1) the absence of clear definitions for “sensitive personal data” and “health data,” leading to difficulties in legal interpretation; 2) the lack of established criteria for appointing Data Protection Officers; 3) ambiguity regarding the authority and responsibilities of Data Protection Officers in assessing risks associated with data processing; and 4) deficiencies in personal data breach notification requirements, as the law does not mandate the recording of details related to data breaches, thereby complicating the verification process. These issues directly impact the operations of public hospitals. Without stringent legal measures, undesirable incidents involving patients' personal data could arise. Therefore, amendments to the Personal Data Protection Act B.E. 2562 (2019) are warranted to: 1) clearly define the terms “sensitive personal data” and “health data”; 2) establish uniform qualifications for Data Protection Officers; 3) assign Data Protection Officers the duty to assess risk impacts before processing data, ensuring effective management and planning in personal data protection processes; and 4) require the documentation of personal data breaches in a verifiable manner to facilitate the collection of evidence related to breaches and the legal compliance audit process.

COMMUNICATION COMPETENCE OF EXECUTIVES IN MOTIVATING WORKFORCE IN LOCAL ADMINISTRATION

Sittipan Poon-Eiad — 2025-04-30

The communication competence of executives played a very significant role in creating workforce motivation and performance in local administrative organization. However, problems arising from communication among executives in local administrative organizations were important issues that affected the efficiency of operations within the organization, which possibly led to misunderstandings and work performance that did not meet the goals or reduced work efficiency. This article thus aimed to find an effective communication model for executives to motivate personnel in the organization. It was found that an organization’s executives with high communication skill could lead to a clear understanding of the organization’s goals and directions with personnel. High communication skill was an important part of motivating personnel to be proactive and participate in driving the organization. The use of diverse and modern communication channels, the use of technology, and face-to-face communication were important mechanisms for building trust among personnel in an organization. In addition, creating an atmosphere of open and transparent communication was very crucial to stimulate cooperation and develop the working potential of personnel in the organization. It helped to reduce conflicts and increased efficiency in working together to drive local administrative organizations sustainably.

THE COMPARISON OF ORAL OR NON-WRITTEN SALES CONTRACTS UNDER THE LAW AND THE REQUIREMENTS FOR DOCUMENTATION IN COMMON BUSINESS TRANSACTIONS IN THE CONTEXT OF THE COMMERCIAL SECTOR

Chad Come-wan — 2025-04-30

This academic article is intended to demonstrate the comparison between the legal contexts in which they are enacted regarding the form of the contracts and standard practices in issuing Commercial documents. The principles of law in the Civil and Commercial Code stipulated that it must be made in writing and no need to be in writing a contract. However, if the written Sell contract has been made. It may be a reason for confidence, that the other party will strictly comply with the contract, as well as, to confirm and reduce arguments from agreements or misinterpretations.

However, legal principles from the Civil and Commercial Code did not determine that The contract must be made in writing in every contract. In some contract types. The law does not specify, because of the difference in important characteristics. The law specifically requires a written contract. or make a contract and registered with the official authority. Particularly, Selling of Immovable Property and or a special type of movable property, for instance. In the case of the law that does not specify the contract form and the parties do not make a written contract against each other, the validation of the contract still remains complete. Either party still has the right to accuse and enforce if there is other legal evidence.

This article will comparatively analyze by use of Business Document forms in selling transactions, considering and comparing with the legal jurisprudence context, as the result.

LEGAL MEASURES TO REDUCE THE HARM CAUSED BY ALCOHOL TO HUMANS

Sakdidech Vorapatr — 2025-04-30

This article presents the dangers of alcohol to humans and its legal implications. Alcohol consumption affects the brain's mechanisms at both the cellular and nervous system levels, impacting neurotransmission, altering brain structure, increasing free radicals—especially in the liver and brain—causing brain inflammation, and affecting the pharmacokinetics of alcoholic beverages, which describes how the body processes substances. These effects result in significant harm to individuals. To mitigate alcohol-related dangers, legal measures have been implemented to limit physical access to alcoholic beverages in various ways. However, alcohol addiction remains widespread, leading to health issues, traffic accidents, violence, sexual offenses, and acting as a gateway to other drug use. These consequences cause severe harm to individuals, their families, and society, affecting lives, health, and property. In reality, people suffering from alcohol-related illnesses often seek medical help only when their condition is severe. Many lack the financial means for treatment or to compensate for damages. Additionally, victims of alcohol-related incidents often receive no assistance, especially if the responsible drinkers are impoverished or incarcerated. Therefore, it is recommended that a fund be established to reduce alcohol-related harm. Contributions to this fund should come from stakeholders, including a portion included in the price of alcoholic beverages. Manufacturers should also contribute based on production rates. Since alcohol production and consumption pose risks, those involved should share responsibility for future damages. Furthermore, implementing mandatory insurance coverage for all alcohol-related accident victims should be considered.

LEGAL MEASURES TO REGULATE ONLINE IN-GAME PURCHASES OF LOOT BOXES: A COMPARATIVE STUDY

Wisarut Samlee-on — 2025-04-30

The aim of this study was to examine the gambling conditions of loot box in-game purchase system under the Gambling Act B.E. 2478 (1935) and to compare game control measures under the Film and Video Act B.E. 2551 (2008) with those of other nations. The study's findings are demonstrated as followed:

1) Although gambling is not specifically defined by Thai law, but gambling must be a gamble between players with the outcome of uncertain future events as the decisive decision. Therefore buying goods in a random game is not gambling, even though it is quite similar to gambling.

2) Since the loot box does not qualify as gambling and certain games sold by downloads are not legally classified as videos, Thailand's legal measures to control games and gambling are restricted. While foreign laws provides specific measures to control in-game contents such as authorizing game licenses, limiting the amount of in-game purchases or rating of appropriateness

3) In order to strike a balance between protecting Thai gamers and generating revenue from the gaming industry, Thailand should implement regulations for regulating the random purchase of games from outside, such as the application of a licensing system or age-appropriate classification.