Legal measures for personal data protection regarding automated decision-making in the private sector

Automated decision-making has a significant impact on global economic opportunities, particularly in the private sector, due to its ability to evaluate large volumes of data efficiently and accurately without human intervention. Additionally, automated decision-making enables private sectors to cut their operating expenses by significantly reducing the number of laborers involved in the data processing process. Nonetheless, due to the intricacy of automated decision-making, this system may occasionally infringe on an individual’s right to privacy over personal data. The purpose of this independent study is to examine the concept of data provisions with respect to the usage of automated decision-making systems and to demonstrate how this technology impacts the application of personal data protection law. By this, different data protection implications have occurred when a business operator uses automated means to make a decision based on personal data. Thailand now has a specific law regulating personal data protection, namely the Personal Data Protection Act B.E. 2562 (2019), which has been completely enforced on June 1, 2022. Nevertheless, the data protection implications of automated decision-making with respect to automated decision-making are inadequately addressed. Pertaining to the specialized and sophisticated nature of automated decision-making, it is critical to identify effective solutions to ensure that the business operator will process personal data by relying on automated decision-making in accordance with the fundamental principles of data protection law.