No. 136 Chapter 69 Gor Government Gazette 27 May 2019 The compensation under paragraph one includes all necessary expenses incurred by the Data subject for the prevention of the damages likely to occur, or which was spent to suppress the damages occurred. Section 78 The court shall have the power to order the Data Controller or the Data Processor to pay punitive damages in addition to the actual compensation rendered by the court as deems fit, but shall not exceeding 2 times of such actual compensation amount, by taking into account the relating circumstances such as the severity of damages incurred by the Data subject, the interest obtained by the Data Controller or the Data Processor, the financial status of the Data Controller or the Data Processor, remedy provided by the Data Controller or the Data Processor, or the Data subject’s act in contributing to cause the damages. The claim for compensation from the wrongful act against the Personal Data under this Act shall be barred by prescription after the lapse of 3 years from the date that the injured person know of the damages and the identity of the Data Controller or the Data Processor who is to be liable, or after 10 years from the date of which the wrongful act against the Personal Data took place. Chapter VII Penalties --------------------------Part I Criminal Liability ----------------------------Section 79 Any Data Controller who violates the provisions under Section 27 paragraph one or paragraph two, or fails to comply with Section 28, which relates to the Personal Data under Section 26 in a manner that is likely to cause other person to suffer any damage, impair his or her reputation, or expose such other person to be scorned, hated, or humiliated, shall be punished with imprisonment for a term not exceeding six months, or a fine not exceeding five hundred thousand Baht, or both. Any Data Controller who violates the provisions under Section 27 paragraph one or paragraph two, or fails to comply with Section 28, which relates to the Personal Data under Section 26 in order to unlawfully benefit himself/herself or another person, shall be punished with imprisonment for a term not exceeding one year, or a fine not exceeding one million Baht, or both. The offenses under this Section are compoundable offenses. 34