Privacy Notice
For Electric Energy Business Operation, Related Businesses and Other Operations of EGAT
Electricity Generating Authority of Thailand (EGAT) conducts and disseminates this Privacy Notice (Notice to Data Subjects) with a view to elaborating on the collection, use or disclosure of Personal Data including the suitable measures to safeguard and manage the Personal Data of government authorities, contractual parties, academicians, speakers, attendees of training, people in the community, customers and other third parties, including directors, representatives, attorney or personnel who act on behalf of the aforementioned persons or agencies in accordance with the Personal Data Protection Act B.E. 2562 (the “2019 PDPA”).
EGAT is at liberty to review and alter Privacy Notice to ensure proper protection of the Personal Data. In the event of any significant change in this Privacy Notice, EGAT will keep the Data Subjects informed by appropriate means of communication.
1. Definitions
“Electric Energy Business” means generation, acquisition, transmission, or distribution of electric energy and undertakings of various activities concerning electric energy, energy sources deriving from natural resources for generating electric energy and other supporting operations of EGAT.
“Related Businesses” means provision of services in electricity industry to external organizations, for example, power plant engineering and construction business, power plant operation and maintenance business, coal combustion products business, transmission system maintenance business and telecommunication business.
“Other Operations of EGAT” means any other undertakings or operations of EGAT other than those specified above.
“Personal Data” means any information relating to a person, which enables the identification of such person, whether directly or indirectly, but not including the information of the deceased persons in particular.
“Sensitive Personal Data (SPD)” means the Personal Data as defined in Section 26 of the 2019 PDPA, pertaining to racial, ethnic origin, political opinion, cult, religious or philosophical beliefs, sexual behavior, criminal records, health data, disability, trade union information, genetic data, biometric data, or of any data which may affect the Data Subject in the same manner, as prescribed by the Personal Data Protection Committee.
“Data Protection Office (DPO)” means any person designated EGAT as a Data Protection Officer under Section 41 of the 2019 PDPA
“Data Subject” means a natural person whose personal data is collected, used or disclosed by EGAT.
“Stakeholders” means any persons, communities, organizations, or other sectors which may gain or loss benefits from EGAT’s operations including any person or organizations that interest in involving in EGAT’s operations such as public sectors and regulators, personnel, EGAT affiliates, customers, people, business partners, creditors, competitors, as well as society, communities, and environment, etc.
2. Purposes of Collecting, Using or Disclosing of Personal Data
2.1. Legal Basis for Collecting, Using or Disclosing of Personal Data
EGAT will collect, use, or disclose Personal Data limited to the extent necessary in relation to the scope of this Privacy Notice, as follows:
2.1.1. In the cases of general Personal Data:
1) It is when EGAT has obtained the Data Subject’s consent, where such consent is required by law;
2) It is for preventing or suppressing a danger to a person’s life, body or health;
3) It is necessary for the performance of a contract to which the Data Subject is a party, or in order to take steps at the request of the Data Subject prior to entering into a contract;
4) It is necessary for the performance of a task carried out in pursuance of EGST’s public interest, or it is necessary for the exercising of official authority vested in EGAT;
5) It is necessary for the legitimate interests of EGAT or any other natural or juristic persons, except where such interests are overridden by the Data Subject’s fundamental right of his/her personal data; and
6) It is necessary for compliance with a law to which EGAT is subjected.
2.1.2. In the case of Sensitive Personal Data (SPD):
It may be necessary for EGAT to collect the Sensitive Personal Data, in which cases EGAT will always seek prior explicit consent of the relevant Data Subject, except the following areas where such consent is not required, as stipulated in the 2019 PDPA:
1) It is to prevent or suppress a danger to life, body or health of a person, where the Data Subject is incapable of giving consent by whatever reason;
2) It is information that is disclosed to the public with explicit consent of the Data Subject;
3) It is necessary for the establishment, compliance, exercise, or defense of legal claims; or
4) It is necessary for compliance with a legal obligation to achieve the purposes with respect to the assessment of working capacity of the employee, or the public interest in the public health such as protecting against cross-border dangerous contagious disease or epidemics which may be contagious or pestilent and the employment protection.
2.2. Purposes for Collecting the Personal Data in order to Use or Disclose of Personal Data
EGAT will be collecting a Data Subject’s Personal Data for numerous purposes depending on the relationship between that Data Subject and EGAT, as follows:
2.2.1. For Electric Energy Business operations and Related Businesses according to the Electricity Generating Authority of Thailand Act, the Energy Industry Act and other relevant laws:
1) For inspection of qualifications and selection of the contractual party prior to entering into a contract related to EGAT (including inspection of information on bankruptcy).
2) For entering into a contract between EGAT and contractual party, exercising rights and performance of the obligations under a contract, administration of a contract, as well as termination of a contract which are relevant to Electric Energy Business operations and Related Businesses of EGAT as stipulated by the Electricity Generating Authority of Thailand Act and other relevant laws.
3) For grant of possessory right or ownership in lands and other immovable properties, including grant of permission from the relevant government authorities to use lands for undertaking of EGAT's Electric Energy Business operations, and proceeding to notify the relevant government authorities regarding the list of immigrants who are affected by EGAT's operations including checking land prices as stipulated by the Electricity Generating Authority of Thailand Act and other relevant laws.
4) For verification of rights and consideration of approval of the compensation to the owners, processors, right holders or the heir of the lands or properties who are affected by EGAT's operations, such as utilization of lands to place or set up posts for transmission or distribution lines, to place or set up posts, sub-stations, or other accessories into or over the land or to demolish buildings or houses located in electric line laying zone, etc. under the authority and duties of EGAT according to the Electricity Generating Authority of Thailand Act and other relevant laws.
5) For consideration and approving the government authorities and publics to utilize the premises of EGAT and nearby electrical wiring areas.
6) For necessary undertakings to protect EGAT’s interests in case where there is a person using EGAT’s areas without permission.
7) For assessment, certification or issuance of the certificates under the authority and/or under the scope of EGAT services including assessing and certifying professional qualifications according to occupational standards and energy and renewable energy profession, as well as proceeding for obtaining the aforementioned certificate of professional qualifications and Renewable Energy Certificate.
8) For grant of permission from the relevant government authorities as required by law for Electric Energy Business operations and Related Businesses of EGAT including preparing and submitting the relevant documents to government authorities for their consideration and verification as well as other necessary proceedings in order to comply with the relevant laws.
9) For conducting community surveys and public hearing from people and Stakeholders to support the preparation of an environmental impact assessment report and other relevant reports in relation to EGAT's Electric Energy Business operations and Related Businesses as required by law.
10) For providing electrical metrology and calibration services.
11) For receiving comments, suggestions and conducting opinion surveys of the Stakeholders, people and communities regarding operations of EGAT and to develop and improve EGAT’s operations.
12) For preparing database of Stakeholders of EGAT for various purposes in relation to Electric Energy Business operations and Related Businesses as well as Other Operations of EGAT such as coordination, management and development of relationship between EGAT and Stakeholders, providing services, as well as undertaking of planning for improving services of EGAT, preparing data and statistics, report, assessment, analyzing data for marketing purpose and planning for operations of EGAT.
13) For proceeding Other Operations of EGAT other than aforementioned operations of EGAT a stipulated by the Electricity Generating Authority of Thailand Act and other relevant laws and any Other Operations of EGAT.
2.2.2. For research and innovations:
1) For supporting the conduct of research, research funds and technology development to third parties, educational institutions and research institutes or other relevant sectors, as well as recording background information of researchers, preparing relevant contracts, exercising rights and performance of the obligations under a contract, administration of contracts, contract amendment and termination of a contract.
2) For proceeding the intellectual property rights registration of EGAT.
2.2.3. For CSR and other activities:
1) For operating the EGAT Learning Center and implementing EGAT projects, including projects for social and community relation, project on energy and environmental, Royal Initiative projects, and donation projects.
2) For conducting community surveys, conducting activities for receiving comments and suggestions from people and Stakeholders, as well as building relationship between EGAT and Stakeholders.
3) For conferences, academic visits and other activities of EGAT which the attendees’ images and/or voices may be collected including communication or any proceedings as necessary for a conferences, academic visits and the aforesaid activities such as creating medias for public relations, organizing catering and attendee registration process, preparing a database as necessary for the purpose of relevant communication, coordination, and relevant internal management of EGAT as well as public relations, news and article releasing in relation to EGAT’s operations, conferences, study visits, and other activities through various channels both online and other channels.
2.2.4. For the handling of complaints, judicial proceedings and compliance with the laws:
1) For handling complaints, conflicts, investigations, and examination of complaints received by EGAT, including the infringement of rights or the damage caused by the act of EGAT’s Business Partners, as well as for coordinating with those concerned, providing remedy and aid to the aggrieved parties or those who have been violated or who have filled complaints, and taking other necessary steps so as to cease sush complaints or conflicts.
2) For dealing with judicial proceedings and for establishing, complying with, exercising or defending a legitimate claim.
3) For compliance with the laws and for reporting to relevant authorities upon receipt of summons or writs of execution from the police, government agencies, courts, or other law enforcement agencies.
2.2.5. For other relevant cases
1) For planning, reporting, assessing, and analyzing relevant data and information for EGAT’s operation.
2) For the disbursement of expenses incurred in connection with EGAT’s meetings, conferences, field trips and activities.
3) For the risk management, the protection, and verification, and the management of internal affairs as required by law or EGAT’s rules and regulations, and for considering complaints of corruption or misconduct in EGAT, investigating, and preventing corruption or illegal activities, and investigating the conflicts of interest and certain cases of conflicting interest.
4) For checking the requests for use of EGAT’s internal IT system, Wi-Fi, and VPN made by outsiders and EGAT’s personnel and for the verification of the identity of the users of EGAT’s IT system and the visitors of EGAT’s website.
5) For security measures within EGAT’s compound, including the CCTV surveillance of EGAT’s compound and other areas under its responsibility, the verification of identity for entrances and exits, the making of identification cards for Business Partners, and the application for approvals to enter EGAT’s compound.
6) For consideration of selection, collecting the name list as well as other proceedings related to the rewarding of prizes or other benefits, for example, considering and selecting a person who will receive Pin of Honor from EGAT.
7) For necessary undertakings in relation to the preparation of a Memorandum of Understanding (MoU) or Memorandum of Agreement (MoA) between EGAT and other agencies, and undertakings in relation to the implementation of such Memorandum of Understanding (MoU) or Memorandum of Agreement (MoA) under the authorities and duties of EGAT under the Electricity Generating Authority of Thailand Act and relevant laws, as well as coordination with relevant personals and related internal management matters of EGAT.
8) For responding to suspicions or queries regarding EGAT’s operations, laws and regulations related to EGAT through various channels.
2.2.6. For Other Operations
1) For access and utilization of EGAT’s areas and providing EGAT’s services such as conference rooms, dining rooms, including registration process for obtaining services, service users’ information and usage history collection for recording in EGAT’s database.
2) For supervising water transportation of boat users and the utilization of EGAT’s reservoir, for example, card exchange and usage of boat users in the EGAT’s reservoir information collection to verify boat users and to report the use of boat record to the Marine Department.
3) For selling products and providing services, including assessing, observing overall performances of the organization, entering into sale and purchase agreement of relevant products or services, exercising rights and performance of obligations under a contract, administration of contracts, contract amendment, as well as termination of a contract.
4) For analyzing data of service users and usage of EGAT’s service information, as well as customers’ interest to conduct promotional activities and direct marketing to be suited with customers’ needs.
5) For advertising promotional activities and direct marketing of EGAT’S sales and services, such as products and services of Energy Solutions (e.g., Solar PV, BESS, EMS).
6) For notifying information and news to the EGAT’s members who have subscribed for receiving news from EGAT.
7) For conducting marketing campaigns, supporting sales and services of EGAT through various channels, conducting survey customers’ satisfaction for improvement and development of EGAT’s operations, including strategic marketing plans.
In the event that the aforesaid Personal Data are necessary for EGAT in comply with the applicable laws or in fulfilling contractual obligations, if the Data Subject refuses to give such Personal Data, then EGAT may be unable to manage the contracts or provide certain assistance to the Data Subject.
3. Personal Data Collection
3.1. Personal Data Collected by EGAT
EGAT will collect the Personal Data of a Data Subject, including the following data and information:
3.1.1. Information that can identity a person - first name, last name, identification number, driver’s license number, passport number, date of birth, place of birth, gender, age, nationality, marital status, photograph, weight, height, signature including other information appearing on a copies of identity cards, driver’s licenses, passports, title deed, and other reports or documents required by law;
3.1.2. Contact data - address, telephone number, e-mail address, online contact data such as Line ID, Facebook account;
3.1.3. Information about financial status or financial transactions – A/C number, debit/credit card number, tax payment information, bankrupt status;
3.1.4. Information about use of EGAT’s IT system or other technical information - IP address, device serial number, data collected by EGAT through cookies or similar technical measures, log information, information about uses or visits of EGAT’s website and other systems, user accounts for use of EGAT’s IT system;
3.1.5. Information about education and work including training – educational record, employment history, training record, work permit, performance assessment, nature of work, professional license, place of work, position, length of service, working hours, absence/leave record, commencement date of employment, termination date of employment;
3.1.6. Information about contact with EGAT – a video recording of any contact with EGAT;
3.1.7. Information about participation in EGAT’s activities - photographs, videotape, audiotape, and other information given in participation registration forms, opinion survey, or satisfaction assessment forms; and
3.1.8. Other personal information - family members, referees, contact persons in case of emergency, background inspection, association membership.
In certain circumstances, EGAT may collect Sensitive Personal Data with explicit consent of the Data Subject or as permitted by law.
3.2. Personal Data of a Minor, an Incompetent Person and a Quasi-incompetent Person
In certain circumstances, EGAT may collect the Personal Data of a Data Subject who is a minor, an incompetent person, or quasi-incompetent person. In that case, EGAT will comply with the law applicable to the collection, use or disclosure of the personal data of a minor, incompetent person, and quasi-incompetent person, which includes obtaining consent from the holder of parental responsibility over the child, the custodian, or the curator of such person, as required by law, where EGAT has no legal grounds other than seeking consent to such collection, use or disclosure.
3.3. Sources of Personal Data
Personal Data may be collected:
3.3.1. From the Data Subject directly - For example, when the Data Subject contacts EGAT to ask for some information, fills out, signs and delivers EGAT’s tender documents or takes part in the registration, the tender, and the announcement of the final evaluation result, the granting of a request prior to entering into a contract, the signing of a contract, the attachment of ancillary documents, the questionnaires and the relevant registrations (e.g., the registration for participating of the tender), the complaints or the requests for exercise of rights made to EGAT, the contracts with EGAT by various means (e.g. via phone or e-mail), or attends meetings or missions under EGAT’s auspices, or participating in EGAT’s activities (e.g. there are photographing and video recording. Personal Data may also be automatically collected (e.g., when the Data Subject uses EGAT’s IT system or website).
3.3.2. From other sources - For example, from the employer of the Data Subject or the Data Subject’s immediate department, the official documents provided by the government, EGAT’s representative, government agencies, private agencies, or other public sources (e.g., website of the Data Subject’s employer or immediate department, information searched from the internet).
4. Duration of Data Storage
EGAT will not retain Personal Data for longer than is necessary for the purpose for which they are collected, used or disclosed as stated in this Privacy Notice. The principle for data storage is that Personal Data will be kept for as long as the relationship between EGAT and the Data Subject is maintained and may be kept as long as required by law or by the statue of limitations for the purpose of establishing, complying with, exercising, or defending a legitimate claim or for such other purposes asset out by EGAT’s policy or internal requirements.
5. Disclosure of Personal Data
5.1. Natural or juristic persons to whom Personal Data may be disclosed
In fulfilling the purposes stated in this Privacy Notice, EGAT may disclose Personal Data to the following persons:
5.1.1. EGAT’s subsidiaries for the purpose of carrying out those activities as set out in this Privacy Notice;
5.1.2. Government agencies, supervisory authorities, independent organizations, or other agencies as prescribed by law, including law enforcement officers such as courts of law, the police force, the Legal Execution Department, the Office of the Attorney General, the Office of the Auditor General of Thailand, the Office of Personal Data Protection Committee, the Legal Execution Office, the State Enterprise Policy Office, the Provincial Employment Office, the Forrest Resource Management Office No. 3 (Lampang), the Revenue Department, the Comptroller General’s Department, the Department of Labor, the Department of Labor Protection and welfare, the Department of Empowerment of Persons with Disabilities, etc.;
5.1.3. Financial institutions for receipt of EGAT’s payments of debt or expenses, severance pay, financial aid, and compensation in relevant processes;
5.1.4. Agencies, service providers, contractors and/or subcontractors who work for EGAT such as carriers, document storage and disposal providers, printing houses, IT developers, auditors, counsels, legal and tax advisors, consultants;
5.1.5. Other third parties as consented by the Data Subject, allowed by the provisions of a contract, or required by law, as the case may be, including public media and online media;
5.1.6. EGAT’s customers including Metropolitan Electricity Authority, Provincial Electricity Authority, and other customers;
5.1.7. Organizations or training institutes such as Thailand Professional Qualification Institute (Public Organization), the International REC Standard Foundation;
5.1.8. Institutes or external sectors conducting research such as universities, etc., as well as academicians, professors;
5.1.9. Insurance companies.
5.2. Sending or transfer of Personal Data to a foreign country
In certain circumstances, EGAT may transfer Personal Data to foreign countries, provided that EGAT must ensure that the destination country or international organization that receives such Personal Data shall have adequate data protection standard, that EGAT takes appropriate security measures and complies with the 2019 PDPA, and that the Data Subject’s consent to such transfer is obtained, if so required by law.
6. Rights of Data Subjects
Every Data Subject has the following rights under the 2019 PDPA:
6.1. Right to withdraw consent
The Data Subject has the right to withdraw consent to the collection, use or disclosure of his/her Personal Data at any time, unless the withdrawal is limited by law or by the context of a contract existing in favor of the Subjects.
However, such withdrawal does not affect the collection, use or disclosure of the Personal Data to which the Data Subject has previously and legitimately given his/her consent.
6.2. Right of access
The Data Subject has the right of access to his/her Personal Data under EGAT’s responsibility and may request copies thereof as well as request the disclosure of the acquisition of the Personal Data obtained without his/her consent.
6.3. Right to data portability
Where his/her Personal Data are stored in the format which is readable or commonly used by ways of automatic tools or equipment and can be used or disclosed by automated means, the Data Subject is entitled to request EGAT to send or transfer the Personal Data in such format to other Data Controllers, on an applicable legal basis.
6.4. Right to object
The Data Subject has the right to object the collection, use or disclosure of his/her Personal Data, on an applicable legal basis.
6.5. Right to erasure
The Data Subject has the right to request EGAT to erase or destroy his/her Personal Data, or anonymize his/her Personal Data to become the anonymous data which cannot identify the Datan Subject, on an applicable legal basis.
6.6. Right to restrict the use of Personal Data
The Data Subject has the right to request EGAT to restrict the use of his/her Personal Data, on an applicable legal basis.
6.7. Right to rectification
The Data Subject has the right to request for his/her Personal Data to be rectified so that they are accurate, up to date, complete, and not misleading.
6.8. Right to complaint
The Data Subject has the right to lodge a complaint with a relevant authority under the 2019 PDPA when EGAT fails to comply with such Act.
In the event that the Data Subject submits a request to the exercise of rights under the 2019 PDPA, EGAT, upon receipt of such request, will proceed with it within the period of time specified by law. However, EGAT reserves the right to decline such request, on an applicable legal basis.
7. Security Measures
EGAT has taken appropriate and strict security measures to prevent loss or unauthorized or unlawful loss, access, use, change, alteration or disclosure of the Personal Data.
In the event that EGAT assigns any third parties to collect, use or disclose the Personal Data on its orders or in its name, EGAT will properly supervise those persons to ensure the security of the Personal Data in accordance with the 2019 PDPA.
8. Contact Data
If the Data Subject has any questions about the protection, collection, use or disclosure of his/her Personal Data or the exercise of his/her rights as a data subject, or wishes to lodge a complaint with regard thereto, he/she can contact EGAT at:
EGAT
Address:
53 Moo 2 Charansanitwong Road.
Bang Kruai Sub-district
Bang Kruai District, Nonthaburi 11130
Phone: 1416
E-mail: cmcegat@egat.co.th
Website: http://cmc-center.egat.co.th
Data Protection Officer (DPO)
Address:
53 Moo 2 Charansanitwong Road.
Bang Kruai Sub-district
Bang Kruai District, Nonthaburi 11130
Phone: 1416
E-mail: cmcegat@egat.co.th