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.
Unauthorized Use of Personal Data in Thailand
Using personal data without lawful basis or beyond the consented purpose.
PDPA Section 27, PDPA Section 90
THB 5,000,000 fine and/or 1 year imprisonment
serious
Definition
Using personal data without lawful basis or beyond the consented purpose. Under Thai law, this offence is classified as a serious offence within the category of Data Protection.
Legal Basis
PDPA Section 27
Primary legislative provision for unauthorized use of personal data offences.
PDPA Section 90
Primary legislative provision for unauthorized use of personal data offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
Collection, use, or disclosure of personal data
Without consent or lawful basis
Causing damage to the data subject
Penalties
Maximum Penalty
THB 5,000,000 fine and/or 1 year imprisonment
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:
Valid consent obtained
Legitimate interest
Legal obligation
Vital interest
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Foreign companies processing Thai personal data are subject to PDPA regardless of physical presence in Thailand.
When Legal Representation Matters
If you are accused of unauthorized use of personal data 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.
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