Legal Problems in Enforcing the Cybersecurity Act with the Protection of Rights and Freedoms According to the Constitution

Abstract

This academic article aims to present legal issues arising from the enforcement of the Cyber Security Act B.E. 2562 by studying relevant academic documents, including books, textbooks, research papers, academic articles, and comparative analyses with foreign laws. It was found that: 1) The aforementioned law aims to prevent, suppress, and mitigate cyber threats that may impact critical information infrastructure or the security, peace, and order of society. While necessary, it also has characteristics of controlling and combating crimes, which may sometimes lead to violations of people's rights and freedoms beyond reasonable limits. 2) In a cyber crisis situation, officials under this Act have decisive power to implement necessary measures to achieve the law's objectives without the need for court orders. Furthermore, those subject to the authority of the National Cyber Security Committee's orders cannot appeal these orders. 3) Even though the law requires officials to obtain court orders before exercising power under Article 66, individuals subject to the National Cyber Security Committee's orders cannot appeal them, particularly in severe cyber threat situations. And 4) Provisions like Article 68, granting officials decisive power and prohibiting appeal orders according to Article 69, is contrary to the constitution of Article 26, as they violate the principle of proportionality, which is one of the components of the rule of law.