Criminal Liability for the Purchase of Personal Data and the Unlawful Acquisition of Personal Data

Abstract

This research consists purposes were 1. to study the concepts and theories relating to personal data protection, as well as criminal law theories concerning criminal penalties 2. to study and analyze problems relating to personal data violations arising from the unlawful purchase of personal data 3. to conduct a comparative analysis of criminal penalties under the Personal Data Protection Act B.E. 2562 (2019) concerning purchasers of personal data and unlawful access to personal data, in comparison with the criminal sanctions under the laws of the Republic of Korea (South Korea), the People’s Republic of China and the United Kingdom; and 4. to propose guidelines for improving and amending criminal penalties applicable to purchasers of personal data and persons who unlawfully access the personal data of others This study is qualitative research conducted through documentary research, with emphasis on legal analysis in order to examine the criminal liability of purchasers of personal data and persons who unlawfully access personal data within the context of Thai law and contemporary Thai society. The study examines relevant legislation, particularly the Personal Data Protection Act B.E. 2562 (2019), as well as academic materials such as books, articles, journals, research papers, reports, electronic sources and foreign legal principles. These materials were analyzed in order to formulate conclusions and propose appropriate legal amendments The research findings reveal that 1) the concepts, principles and legal provisions under the Personal Data Protection Act B.E. 2562 (2019) still lack criminal measures against purchasers of personal data and persons who unlawfully access the personal data of others 2) the purchase and sale of personal data and the unlawful access to personal data should be subject to criminal penalties for all parties under the same legislation 3) purchasers of personal data and persons who unlawfully access personal data should be subject to penalties equivalent to those imposed on persons who unlawfully disclose personal data as in the Republic of Korea (South Korea), the People’s Republic of China, and the United Kingdom, whose laws expressly prescribe such offences and 4) criminal penalties should be specifically prescribed in a separate provision for purchasers of personal data and persons who unlawfully access the personal data of others.