Section Code: 079 - 081

Personal Data Protection Act

CHAPTER VII
PENALTIES
PART 1
CRIMINAL LIABILITY

Section 79

Any Data Controller who violates the provisions under Section 27 paragraph one or paragraph two, or fails to comply with Section 28, which relates to the Personal Data under Section 26 in a manner that is likely to cause other person to suffer any damage, impair his or her reputation, or expose such other person to be scorned, hated, or humiliated, shall be punished with imprisonment for a term not exceeding six months, or a fine not exceeding five hundred thousand Baht, or both.

Any Data Controller who violates the provisions under Section 27 paragraph one or paragraph two, or fails to comply with Section 28, which relates to the Personal Data under Section 26 in order to unlawfully benefit himself/herself or another person, shall be punished with imprisonment for a term not exceeding one year, or a fine not exceeding one million Baht, or both.

The offenses under this Section are compoundable offenses.

Section 80

Any person who comes to know the Personal Data of another person as a result of performing duties under this Act and discloses it to any other person shall be punished with imprisonment for a term not exceeding six months, or a fine not exceeding five hundred thousand Baht, or both.

The provisions of paragraph one shall not be enforced against disclosures in any of the following circumstances:

  1. where it is a performance of duty;
  2. where it is for the benefit of an investigation, or a trial in court;
  3. where it is a disclosure to a domestic or a foreign government agency which has authority under the law;
  4. where the written consent of such Data subject has been obtained for the disclosure for such specific occasion; or
  5. where it is in relation to a legal lawsuit, which is openly disclosed to the public.

Section 81

In the case where the offender who commits the offense under this Act is a juristic person and the offense is conducted as a result of the instructions given by or the act of any director, manager or person, who shall be responsible for such act of the juristic person, or in the case where such person has a duty to instruct or perform any act, but omits to instruct or perform such act until the juristic person commits such offense, such person shall also be punished with the punishment as prescribed for such offense.

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