computer data by the competent official or the service provider which is appropriate and
relevant with the current development of technology, unless the court orders otherwise.
In case of urgency and necessity, the competent official may file a petition under
Paragraph 1 before he/she receives an approval of the Minister or the competent official
may file a petition under Paragraph 2 with an approval of the Computer Data Review
Committee, before he/she is entrusted to do so by the Minister. In any case, the competent
official must expeditiously report such filing of petition to the Minister.
Section 21
In case where the competent official finds that any computer data
comprises undesirable programs, the competent official may file a petition with the court
having jurisdiction requesting for an order to prohibit the distribution or dissemination or
to instruct the owner or the possessor of such computer data to cease using, to destroy or to
correct such computer data or may specify conditions of use, possession, or dissemination
of such undesirable programs.
An undesirable program under Paragraph 1 means any program that adversely affects
computer data, computer system or other programs by causing damage, destruction,
alteration, interruption or deviation from the determined command; or causing any other
impact as prescribed by the Ministerial Regulation, except for the undesirable program
which is designed to protect or modify the aforesaid program. The Minister may announce
and publish in the Government Gazette the names, characteristics or details of any program
which is designed to protect or modify an undesirable program. 20
Section 22 21
The competent official and the inquiry official in the case pursuant to
Section 18, Paragraph 2 shall not disclose nor deliver computer data, traffic data or user’s
dataobtained under Section 18 to any person.
The provisions in Paragraph 1 shall not apply to any execution for the purpose of
taking legal actions against the offender under this Act or the offender under any other acts
in accordance with Section 18, Paragraph 2; any execution for the purpose of taking legal
actions against the competent official or inquiry official who has abused his/her powers in
accordance with Section 18, Paragraph 2; or the commission of any act in accordance with
the order or permission of the relevant court.
Any competent official or inquiry official who violates the provisions of Paragraph 1
shall be liable to an imprisonment for a term not exceeding three years, or a fine not
exceeding Sixty Thousand Baht or both.
Section 23 22
Any competent official or inquiry official in the case pursuant to
Section 18, Paragraph 2 who acts negligently, thus causing any other person to know of
20
Section 21,Paragraph 2 is repealed and replaced by the Computer-Related Crime Act (No. 2), B.E. 2560.
21
Section 22 is repealed and replaced by the Computer-Related Crime Act (No. 2), B.E. 2560.
22
Section 23is repealed and replaced by the Computer-Related Crime Act (No. 2), B.E. 2560.
11