No. 136 Chapter 69 Gor
Government Gazette
27 May 2019
Section 80 Any person who comes to know the Personal Data of another
person as a result of performing duties under this Act and discloses it to any other person shall
be punished with imprisonment for a term not exceeding six months, or a fine not exceeding
five hundred thousand Baht, or both.
The provisions of paragraph one shall not be enforced against disclosures in
any of the following circumstances:
(1) where it is a performance of duty;
(2) where it is for the benefit of an investigation, or a trial in court;
(3) where it is a disclosure to a domestic or a foreign government agency
which has authority under the law;
(4) where the written consent of such Data subject has been obtained for
the disclosure for such specific occasion; or
(5) where it is in relation to a legal lawsuit, which is openly disclosed to
the public.
Section 81 In the case where the offender who commits the offense under
this Act is a juristic person and the offense is conducted as a result of the instructions given
by or the act of any director, manager or person, who shall be responsible for such act of the
juristic person, or in the case where such person has a duty to instruct or perform any act, but
omits to instruct or perform such act until the juristic person commits such offense, such
person shall also be punished with the punishment as prescribed for such offense.
Part II
Administrative Liability
----------------------------Section 82 Any Data Controller who fails to comply with Section 23,
Section 30 paragraph four, Section 39 paragraph one, Section 41 paragraph one, or Section 42
paragraph two or paragraph three, or fails to obtain consent using a form or statement set
forth by the Committee under Section 19 paragraph three, or fails to notify the impact of the
withdrawal of consent under Section 19 paragraph six, or fails to comply with Section 23 which
applies mutatis mutandis according to Section 25 paragraph two, shall be punished with an
administrative fine not exceeding one million Baht.
Section 83 Any Data Controller who violates or fails to comply with
Section 21, Section 22, Section 24, Section 25 paragraph one, Section 27 paragraph one or
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