Law Enforcement Regarding Criminal Sanctions A Case Study of Unlawfully Selling Personal Data

Abstract

This research consists purposes were 1. to study the concepts, theories, and principles related to the criminal penalties for the illegal buying and selling of personal data 2. to examine the criminal penalty measures regarding the illegal buying and selling of personal data in international, foreign, and Thai legal contexts 3. to analyze the problems associated with imposing criminal penalties in cases involving the illegal buying and selling of personal data and 4. to explore potential solutions to the issues related to the imposition of criminal penalties for the illegal trading of personal data. This is a qualitative research study conducted through a review of relevant literature, including books, textbooks, academic papers, research studies, and electronic media. The data collected from these various sources will be analyzed using content analysis. The results of the study found that 1) Concepts, theories and principles to be applied to enforce the law on penalties include the concept of personal data protection, the concept of supervision, the concept of criminal penalties, the theory of criminal punishment, including international standards on personal data protection, violations of personal data security and factors considering criminal penalties 2) If Thailand can improve legal measures to cover the illegal trading of personal data and strengthen the effective law enforcement mechanism, it will help reduce the problem of personal data violations, provide justice for data owners and increase the potential to prevent and suppress cybercrimes related to personal data in the long term 3) Criminal penalties in cases of illegal trading of personal data under the Personal Data Protection Act B.E. 2562 and the Computer Crime Act B.E. 2550 and amendments do not cover individuals who trade data. The nature of the offense, penalties, and the use of personal data for illegal gain on websites or platforms result in a lack of effective measures to control and suppress the trading of personal data and the use of data for commercial gain without the consent of the data owner and 4) It is proposed to add provisions in the Personal Data Protection Act B.E. 2562 and the Computer Crime Act B.E. 2550 and amendments. In terms of criminal penalties in cases of unlawful trading of personal data.