Legal measures on personal data breach in Thailand

Abstract

In recent years, Thailand has confronted an escalating risk of personal data breaches, which persistently impact cyberspace, with intense ramifications of identity theft. The root reason for this is a substantial breach of personal data, resulting in considerable harm to individuals and the loss of numerous valuable possessions. This cybercrime has evolved into both a national and global concern. This doctrinal research analyses the characteristics and operational categorisations of personal data breaches based in Thailand, emphasising current legal frameworks established to encounter these threats. The research continues to examine personal data breaches through the perspective of Islamic criminal law, providing an analysis of selected legal principles and approaches to this matter. Furthermore, this doctrinal research analyses Thailand’s Personal Data Protection Act (PDPA) 2019 and the European Union General Data Protection Regulation (EUGDPR). The benchmark study illustrates how Thailand has effectively integrated and modified the EUGDPR's legal provisions inside its domestic framework. Besides, this research also explores the future direction of Artificial Intelligence's (AI) role in personal data breaches. The research finds that extensive legal frameworks, particularly the PDPA and the Cybersecurity Act 2019 (CSA), are already established alongside overarching legal principles derived from Thailand's comprehensive legal system. Meanwhile, the Computer Crimes Act 2017 (CCA) has a positive effect from the specifically mentioned amendments that enhance the legal countermeasures against illegal access offences. The research findings show that Thailand's achievements in mitigating cyber dangers are praiseworthy. This research suggests additional legislation reforms and improved regional collaborations to maintain sustained efficacy.