(Unofficial Translation)
No. 136 Chapter 69 Gor
Government Gazette
27 May 2019
by the court as deems fit, but shall not exceeding two times of such actual compensation
amount, by taking into account the relating circumstances such as the severity of damages
incurred by the data subject, the interest obtained by the Data Controller or the Data Processor,
the financial status of the Data Controller or the Data Processor, remedy provided by the Data
Controller or the Data Processor, or the data subject’s act in contributing to cause the damages.
The claim for compensation from the wrongful act against the Personal Data
under this Act shall be barred by prescription after the lapse of three years from the date that
the injured person know of the damages and the identity of the Data Controller or the Data
Processor who is to be liable, or after ten years from the date of which the wrongful act
against the Personal Data took place.
Chapter VII
Penalties
--------------------------Part I
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, a fine
not exceeding Baht five hundred thousand, 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 or herself, or another person, shall
be punished with imprisonment for a term not exceeding one year, a fine not exceeding
Baht one million, 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, a fine not exceeding
Baht five hundred thousand, 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;
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