Is the Infringement of Privacy Right and Personal Data of the Offender Treated as Social Sanction to the Offender in Accordance with Theories of Punishment?

Abstract

At present we don’t have to read newspapers or watch news programs to obtain information. People can access information easily from the internet. Facebook is one of the most famous and popular social media sites with a number of users worldwide, including Thai. Facebook is considered a place where we can connect with others through text messages. Also, we can create a Facebook page on a topic we are interested in for other people to follow. Regarding this, we can say that Facebook is one of the powerful tools that we use for spreading news. If we consider the effect caused by Facebook users in Thailand, we can see that there is an infringement of Privacy Right and personal data of offenders. Their personal data, such as names, workplaces, and addresses, are disclosed online without permission. Such information includes the personal data of the offenders’ families. Once offenders’ actions get attention from netizens, such offenders are treated as social outcasts. This can be considered cyberbullying. Besides, the disclosure of offenders’ personal data without permission also affects their careers. Some get fired because of cyberbullying. In fact, everyone shall enjoy the Privacy Right even though he/she is a criminal or wrongdoer. Many people think that it is common practice to divulge the personal data of the offender or evildoer to public. They think they have the right to do so because such person has committed a crime or done something improper. The law provides that everyone has the right to privacy. Thus, if someone commits a crime, the corrections should be legal punishment, not social sanctions. This article is therefore designed in an attempt to examine and analyze whether the infringement of Privacy Right by revealing the personal data is the punishment for the offender by Theories of Punishment or not.