(Unofficial Translation)
No. 136 Chapter 69 Gor
Government Gazette
27 May 2019
paragraph one or three, or fails to comply with section 37 (5) which applies mutatis mutandis
according to section 38 paragraph two, shall be punished with an administrative fine not
exceeding Baht three million.
Section 87
Any Data Processor who send or transfer the Personal Data
under section 26 paragraph one or three, by not complying with section 29 paragraph one or
three, shall be punished with an administrative fine not exceeding Baht five million.
Section 88
Any representative of the Data Controller or of the Data
Processor who fails to comply with section 39 paragraph one which applies mutatis mutandis
according to section 39 paragraph two, and section 41 paragraph one which applies mutatis
mutandis according to section 41 paragraph four, shall be punished with an administrative
fine not exceeding Baht one million.
Section 89
Any person who fails to act in compliance with the order given
by the expert committee, or fails to provide statement of facts under section 75, or fails to comply
with section 76(1), or fails to facilitate government officials under section 76 paragraph four,
shall be punished with an administrative fine not exceeding Baht five hundred thousand.
Section 90
The expert committee shall have the power to render the
punishment as an administrative fine prescribed in this Part. In the event that it deems fit,
the expert committee may issue an order for rectification or a warning first.
In determining whether to issue an order to impose an administrative fine, the
expert committee shall take into consideration the severity of the circumstances of the act of
offense, size of the business of the Data Controller or the Data Processor, or other
circumstances according to the rules prescribed by the Committee.
In cases where a person imposed with an administrative fine refuses to pay
such fine, the provisions concerning the execution of administrative orders under the
administrative procedure law shall apply mutatis mutandis. In cases where there is no officer to
execute an administrative order, or there is such officer but such order cannot be executed
otherwise, the expert committee shall be entitled to file a lawsuit with the Administrative
Court in order to demand payment of such fine. In such event, if the Administrative Court is
of the opinion that the order that imposes an administrative fine is lawful, the Administrative
Court may render judgment and order seizure or attachment of assets for sale by auctions, to
pay such fine.
The order to impose the administrative fine and the administrative execution
shall apply mutatis mutandis according to section 74 paragraph six, and the administrative
execution per paragraph three shall apply mutatis mutandis according to section 74 paragraph
four.
Transitional Provisions
---------------Section 91
At the early stage, the Committee shall consist of committee
members under section 8 (2) and (3), and the Secretary-General shall be the committee
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