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INDEPENDENT STUDY TITLE LEGAL MEASURE IN PRIVACY RIGHT PROTECTION CASE STUDY ON DISTURBANCE OF PRIVACY RIGHT BY ELECTRONIC MEANS
KEY WORDS PRIVACY RIGHT, PRIVACY RIGHT VIOLATION, PRIVACY RIGHT PROTECTION, ELECTRONIC MAIL, SPAM MAIL
STUDENT MALEE WATCHARACHANCHAI
ADVISOR ASSOCIATE PROFESSOR, ARBHAS CHANDAVIMOL LEVEL OF STUDY MASTER OF LAWS
YEAR 2012
ABSTRACT
The objective of this independent study is to study and understand the concept of right to privacy, privacy protection and privacy tort by electronic means. This independent study also examines Thai law concerning privacy protection of injured person by electronic means by conducting a comparative study with foreign laws namely United States and Australia. It aims to develop a guideline to revise and standardize Thai law concerning privacy protection.
This study finds that at present a number of privacy torts, particularly by information technology, are increasing. Information in the Internet and through Wi-Fi is breached. This kind of tort is increasing and more serious in both public and private sectors. While there is no specific law providing privacy protection in such case in Thailand, there are many laws that may indirectly apply to protect privacy namely the Criminal Code, the Civil and Commercial Code regarding Wrongful Act, the Direct Sales and Direct Marketing Act and the Consumer Protection Act. These laws, however, have problems on substance, element and scope of enforcement in order to protect injured persons.
From the abovementioned problems, this author, thus, recommend amending provisions in existing laws to include privacy tort by electronic means. For instance, the Criminal Code should be amended. In part 2 thereof, there should be a chapter on privacy and then it should add privacy nuisance by electronic means as a new count. A new chapter regarding privacy tort should be
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added in the Civil and Commercial Code concerning Wrongful Act. Then a provision concerning privacy tort by electronic means should be added specifically.
In addition to amending existing laws, this author has another suggestion. A new specific law should be enacted in order to protect injured persons whose privacy is infringed by electronic means. This can be developed from foreign laws. The policy of such law is to protect benefits of business sector and of users. Such law shall not absolutely ban commercial mails. Nevertheless, it should control by not using commercial mails in a way to harm or annoy users. This author, further, opines that social measure should be exercised. State should play a role in promoting knowledge to people so as to raise public awareness on privacy. This will lead to privacy protection, protection of people’ own benefits and protect themselves from infringement.
