Measures for Acquiring Communication and Computer Data under the Anti-Money Laundering Act B.E. 2542

Abstract

This research consists of four purposes 1. to examine concepts, theories, and legal measures related to the acquisition of communication data and computer data under the Anti-Money Laundering Act B.E.2542 2. to study and analyze the rationale and necessity for applying measures to acquire communication data and computer data under the Anti-Money Laundering Act B.E. 2542 3. to study analyze and compare measures for the acquisition of communication data and computer data under the laws of the United States of America and the Federal Republic of Germany with those under the Anti-Money Laundering Act B.E. 2542 and 4. to identify appropriate guidelines for improving the measures for the acquisition of communication data and computer data under the Anti-Money Laundering Act B.E. 2542 to ensure they are suitable and effective. This study adopted a qualitative research approach based on documentary research. Data were collected from a variety of documentary sources, including legal textbooks, academic journal articles, theses, legal codes, statutory laws, regulations and electronic legal information databases from both domestic and international sources. The collected data were then systematically examined and interpreted through content analysis. The research findings indicate that 1) the measures for acquiring communication data and computer data are not yet consistent with the principles of rights and freedoms and the principle of proportionality 2) money laundering is a victimless and highly complex crime, rendering conventional investigation methods insufficient combined with a rising trend of money laundering in Thailand, it is necessary to employ measures for accessing communication data and computer data as tools for combating such offenses 3) the existing measures for acquiring communication data and computer data remain inadequate for gathering evidence, preventing and suppressing money laundering crimes and protecting civil liberties, in contrast to the legal frameworks of the United States of America and the Federal Republic of Germany and 4) guidelines should be established to improve the measures for acquiring communication data and computer data to make them more appropriate and effective, including designating such measures as a last resort, empowering the Secretary-General of the Anti-Money Laundering Office (AMLO) to proceed with data acquisition under defined conditions in urgent or emergency cases, establishing a remediation mechanism for those adversely affected by the unlawful use of such measures and granting competent officials the authority to order service providers to disclose communication data or computer data upon court authorization, regardless of whether such data is stored within or outside the Kingdom of Thailand.