No. 136 Chapter 69 Gor
Government Gazette
27 May 2019
two, Section 28, Section 32 paragraph two, or Section 37, or who obtains consent by
deceiving or misleading the Data subject about the purposes, or fails to comply with
Section 21 which applies mutatis mutandis according to Section 25 paragraph two, or
fails to send or transfer the Personal Data in accordance with Section 29 paragraph one or
paragraph three, shall be punished with an administrative fine not exceeding three million
Baht.
Section 84 Any Data Controller who violates Section 26 paragraph one or
three, or Section 27 paragraph one or paragraph two, or Section 28 in relation to the Personal
Data under Section 26, or fails to send or transfer the Personal Data under Section 26 to be in
accordance with Section 29 paragraph one or paragraph three, shall be punished with an
administrative fine not exceeding five million Baht.
Section 85 Any Data Processor who fails to comply with Section 41 paragraph
one, or Section 42 paragraph two or three, shall be punished with an administrative fine not
exceeding one million Baht.
Section 86 Any Data Processor who fails to comply with Section 40 without
appropriate reasons, or fails to send or transfer the Personal Data in accordance with Section
29 paragraph one or three, or fails to comply with Section 37 (5) which applies mutatis
mutandis according to Section 38 paragraph two, shall be punished with an administrative
fine not exceeding three million Baht.
Section 87 Any Data Processor who send or transfer the Personal Data under
Section 26 paragraph one or three, by not complying with Section 29 paragraph one or three,
shall be punished with an administrative fine not exceeding five million Baht.
Section 88 Any representative of the Data Controller or of the Data
Processor who fails to comply with Section 39 paragraph one which applies mutatis mutandis
according to Section 39 paragraph two, and Section 41 paragraph one which applies mutatis
mutandis according to Section 41 paragraph four, shall be punished with an administrative
fine not exceeding one million Baht.
Section 89 Any person who fails to act in compliance with the order given
by the expert committee, or fails to provide statement of facts under Section 75, or fails to
comply with Section 76(1), or fails to facilitate government officials under Section 76
paragraph four, shall be punished with an administrative fine not exceeding five hundred
thousand Baht.
Section 90 The expert committee shall have the power to render the
punishment as an administrative fine prescribed in this Part. In the event that it deems
fit, the expert committee may issue an order for rectification or a warning first.
In determining whether to issue an order to impose an administrative fine, the
expert committee shall take into consideration the severity of the circumstances of the act of
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