Tentative Translation
The competent official who breach the provision of paragraph one, shall be
punished with imprisonment not exceeding three years or fine not exceeding sixty thousand
baht or both.
Section 23
Any competent official commit by negligence which caused
another person fo know computer data, traffic data, or user’s data uttered under section 18,
shall be punished with imprisonment not exceeding one year or fine not exceeding twenty
thousand baht or both.
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Section 24 Whoever knows the computer data, traffic data, or user’s data
which the competent official uttered under section 18 and disclose such data to another
person, shall be punished with imprisonment not exceeding two years or fine not exceeding
forty thousand baht or both.
Section 25 Data, computer data or traffic data which the competent official
uttered under this Act, shall be alleged and be admissible as evidence according to the
provision of the Criminal: Procedure Code or other law relevant to evidence. But it shall not
obtain by means of persuasion, promise, threat, swindling, or other illegal acts.
Section 26 Traffic data shall be kept by service provider not exceeding ninety
days as from the day following the access into computer system.
In case in which it has been
necessary, the competent official shall order as particular case and time, any service provider
to keep it morc than ninety days, but not exceeding one year.
Service provider shall keep, as necessary, user’s data in order to indentify the
user as from the beginning of use service and store it not less than ninety days after the
termination of service.
Provision or paragraph one shall apply to a kind of service provider, how, and
when shall be prescribed by the Minister publishing in the Government Gazette.
Any service provider fail to comply with this section, shall be punished with
fine not exceeding five hundred thousand baht.
Section 27
Whoever refuse to comply with an order of the Court or the
competent official pursuant to section 18 or section 20, or refuse to comply with an order of
the Court pursuant to section 21, shall be punished with fine not exceeding two hundred
thousand baht and a daily fine not exceeding five thousand baht until he should properly
comply with such order.
Section 28 The Minister shall appoint the competent official under this Act
from person having knowledge and experience on computer system as well as having the
qualification prescribed by him.
Section 29 In perform of duties under this Act, the competent official shall be
a Superior Administrative or Police Official under the Criminal Procedure Code having the
power to receive complaint or denunciation as well as the power to investigate and inquiry in
particular with the offence under this Act.
Arrest,
confine,
search,
making
inquiry
file
and
instituting
the
criminal
prosecution with offender under this Act as Superior Administrative or Police Official under
the Criminal Procedure Code, the competent official shall cooperate with responsible inquiry
official to comply with his power and duty.
The Prime Minister charging as superintendence of the National Police Bureau
together with the Minister shall jointly determine regulations relating to the guidelines and
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