Educational Information Only
The content on this page is for general educational purposes and does not constitute legal advice. Every legal situation is unique. For matters involving investigation, arrest, litigation, or formal proceedings, consult a qualified legal professional.
Failure to Notify Data Breach in Thailand
Failing to notify the PDPC and affected individuals of a personal data breach within 72 hours.
PDPA Section 37(4), PDPA Section 90
THB 3,000,000 administrative fine
moderate
Definition
Failing to notify the PDPC and affected individuals of a personal data breach within 72 hours. Under Thai law, this offence is classified as a moderate offence within the category of Data Protection.
Legal Basis
PDPA Section 37(4)
Primary legislative provision for failure to notify data breach offences.
PDPA Section 90
Primary legislative provision for failure to notify data breach offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
Personal data breach occurred
Risk to rights and freedoms of data subjects
Failure to notify within 72 hours
Penalties
Maximum Penalty
THB 3,000,000 administrative fine
Actual sentences depend on factors including the severity of the conduct, harm caused, prior convictions, and mitigating circumstances. Courts have discretion to impose lesser sentences within the statutory range.
Possible Defences
The following defences may be available depending on the circumstances:
Breach did not pose risk to data subjects
Notification was made within required timeframe
Appropriate safeguards rendered data unintelligible
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
International companies must have breach notification procedures covering their Thai data processing operations.
When Legal Representation Matters
If you are accused of failure to notify data breach or facing investigation, immediate legal representation is essential to protect your rights and build an effective defence.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
feedback.wasThisHelpful