(Unofficial Translation)
No. 136 Chapter 69 Gor
Government Gazette
27 May 2019
(4) where the written consent of such data subject has been obtained for the
disclosure for such specific occasion;
(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.
Part II
Administrative Liability
----------------------------Section 82
Any Data Controller who fails to comply with section 23,
section 30 paragraph four, section 39 paragraph one, section 41 paragraph one, or section 42
paragraph two or paragraph three, or fails to obtain consent using a form or statement set forth
by the Committee under section 19 paragraph three, or fails to notify the impact of the withdrawal
of consent under section 19 paragraph six, or fails to comply with section 23 which applies mutatis
mutandis according to section 25 paragraph two, shall be punished with an administrative
fine not exceeding Baht one million.
Section 83
Any Data Controller who violates or fails to comply with
section 21, section 22, section 24, section 25 paragraph one, section 27 paragraph one or two,
section 28, section 32 paragraph two, or section 37, or who obtains consent by deceiving
or misleading the data subject about the purposes, or fails to comply with section 21 which
applies mutatis mutandis according to section 25 paragraph two, or fails to send or transfer
the Personal Data in accordance with section 29 paragraph one or paragraph three, shall be
punished with an administrative fine not exceeding Baht three million.
Section 84
Any Data Controller who violates section 26 paragraph one or
three, or section 27 paragraph one or paragraph two, or section 28 in relation to the Personal
Data under section 26, or fails to send or transfer the Personal Data under section 26 to be in
accordance with section 29 paragraph one or paragraph three, shall be punished with an
administrative fine not exceeding Baht five million.
Section 85
Any Data Processor who fails to comply with section 41
paragraph one, or section 42 paragraph two or three, shall be punished with an administrative
fine not exceeding Baht one million.
Section 86
Any Data Processor who fails to comply with section 40 without
appropriate reasons, or fails to send or transfer the Personal Data in accordance with section 29
31