At a glance: hiring employees in Thailand

Background information on applicants

Background checks

Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party?

The Personal Data Protection Act (PDPA) became fully effective on 1 June 2022 after having been postponed twice (in May 2020 and June 2021).

Under the PDPA, express written consent from applicants is legally required to be obtained before an employer can collect, use or disclose their sensitive personal information, which includes health records, criminal records, biometric data and other sensitive information. Collection of non-sensitive personal information also generally requires the applicant’s consent (unless an exemption applies, such as legitimate interest).

Whether an employer conducts its own checks or hires a third party to do so, express written…