Legal Impacts on the Application of the Computer-Related Offence Act B.E. 2560 to Protect Privacy Rights in Case of Spamming

  • Chonthicha Somsaard
  • Kanathip Thograweewong
Keywords: Privacy rights, Spam, unsolicited contact, law on computer related offence, computer crime

Abstract

 

Recently, business sectors apply several methods to approach prospective customers, especially “Spam” which is considered an invasion of privacy of the contacted person.  This research project aimed to study the application of related Thai laws in relation to violation of privacy rights by Spam. The research approach was qualitative and information was collected from various documents for analytical purposes. It was revealed that there was no specific law in recent Thai legal system to protect the “right not to be contacted by Spam without expectation and consent”. Although there were currently various laws which could be applied to unsolicited contact by spam, i.e., the Computer-Related Offence Act B.E. 2560. This research indicated that the content, element, and scope of the laws were inappropriate to be applied to protect the individual privacy rights in case of invasion by Spam. Consequently, the research proposes public policies such as enacting a specific law and amending the existing laws in order to protect privacy rights in case of invasion by Spam.

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Published
2018-12-22
Section
Research articles