The Right to Privacy in Thailand: Privacy International Submission to Human Rights Committee
7. Recommendations
Based on the above observations and those contained in the 2016 Submission,
Privacy International proposes the following recommendations to the Thai
government:
• Review the laws governing surveillance in Thailand, notably the Computer
Related Crime Act, to ensure they comply with the International Covenant
on Civil and Political Rights, including article 17.
• Ensure that all communication interception activities are only carried
out on the basis of judicial authorization, and that the communications
interception regime complies with the principles of legality, proportionality
and necessity.
• Refrain from imposing indiscriminate obligations to retain communications
data on companies and ensure that request to access of communications
data is authorised by a judicial authority.
• Do not impose unlawful restrictions on the use of encryption and
anonymity tools. Blanket prohibitions are neither necessary nor
proportionate, and thus cannot comply with human rights law. The use of
encryption promotes secure, private and free communications, facilitating
the realisation of rights to privacy and expression.
• Avoid all measures that weaken the security that individuals may enjoy
online, such as the use of downgrade attacks that attempt to circumvent
encryption on communications tools.
• Prevent arbitrary invasion of privacy, freedom of expression and peaceful
assembly through the use of IMSI catchers. Government’s use of IMSI
catchers must be prescribed by law and limited to what necessary and
proportionate to achieve a legitimate aim.
• Remove legal restrictions that prevent telecommunications companies
from being transparent in their reporting about the requests they receive
regarding access to user data, or discussing security issues.
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