The Protection of the Rights of Condominium Co-owners in the Case of Collection of Biometric Data as a Controlling Measure for Entering and Exiting the Building: A Study of the Data Subject Consent

Abstract

This research aims to 1. Study and analyze the conditions and elements of consent for collecting personal data of co-owners of condominium by comparing the personal data protection laws of Thailand with the laws of the European Union. 2. Study and analyze the request for consent from co-owner of condominium to collect biometric data for the purpose of security and control of building access under the legal element of freely given consent by comparing the personal data protection laws of Thailand with the laws of the European Union. 3. Develop guidelines for juristic persons of condominium to adjust their security measures and control access in order to comply with the personal data protection laws. This research uses qualitative research methods to analyze the content, comparing the Personal Data Protection Act B.E. 2562 with the EU personal data protection laws (GDPR).

 The research results indicated that 1. Requesting consent from co-owners of condominium to collect biometric data shall be freely given consent as stipulated in section 19 and GDPR section 4 (11) which comprised 4 sub-conditions, i.e. balancing of power between the data controller and the data subject, negative impacts from not consenting, conditional consent and specific consent. 2. In the case where the condominium juristic person applied management method of common property management by requiring condominium owners to be collected facial scan or other biometric data without giving options or other means for entering the condominium for those who were not willing to give consent, such consent was considered unlawful because it did not comply with the condition of freely given consent. 3. The researcher therefore suggested guidelines for condominium juristic persons, including a proposal to amend condominium regulations regarding the management of common property in order to provide alternatives for condominium owners who were not willing to give consent for the collection of biometric data for entering and exiting the building.