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That foreign country may neither recognize nor guarantee a right

to be forgotten at the same level as that of Thailand.
To facilitate clarity on how the data controller can fully

comply with the Personal Data Protection Act B.E. 2561 (2019),
especially when it comes to a data controller who provides

search engine service, as well as to recognize the fact that
communication between people is increasingly done through
digital platforms, this research proposes that Section 33 and

Section 37 (3) of the Personal Data Protection Act B.E. 2561 (2019)
should be amended to explicitly recognize the term “right to be

forgotten”. This amendment will help making it clear that if a
search engine provider already delisted the displayed personal
data, its action shall be deemed to be fully compliant with the

law without erasing or destroying the said personal data. Once
deemed legally-sound, a search engine provider can avoid a risk

associated with noncompliance with the Personal Data Protection
Act B.E. 2561 (2019).

In addition, this research recommends that the Personal
Data Protection Commission should announce criteria for erasing,
destroying, or anonymizing personal data by exercising its power

under Section 33 paragraph 5 of the Personal Data Protection
Act B.E. 2561 (2019). This subordinate law (or guidelines) can

be developed by taking into account erasure, destruction, and
anonymization guidelines in foreign countries, and should cover
the following issues :