Personal Notes on Copyright Issues and Personal Data Protection Act, B.E. 2562 (2019)

Key Issues in Copyrights and Personal Data Protection Act, B.E. 2562 (2019)

Disclaimer (ข้อจำกัดความรับผิดชอบ): This post has been created for the purpose of English language learning only. I am not a lawyer. I am an English language teacher. โพสต์นี้จัดทำขึ้นเพื่อการเรียนรู้ภาษาอังกฤษเท่านั้น ฉันไม่ใช่ทนายความหรือนักกฎหมาย ฉันเป็นเพียงครูสอนภาษาอังกฤษ

The golden rule is this: Ask or seek permission or consent first. Publicly publishing pictures of other people's faces requires consent - You must get permission first!!

If you do things online such as selling stuff or publishing something, including videos, you need to know at least two acts (laws): the Copyrights Law and the Personal Data Law.

Taking photos of other people and posting them online without consent is not legal, and may be considered a criminal act, liable for sue. Under Section 397 of the Criminal Law, if it (such a post)  causes embarrassment or annoyance to another person, it is punishable with a fine of not more than 5,000 baht. Or maybe considered an offense of defamation by advertising under Section 328, imprisonment for not more than 2 years, or a fine of not more than 200,000 baht.

Moreover, under Civil and commercial law, Section 420, it is also possible for the person who has been photographed to sue for damages under the law.

The computer law of Thailand - In the case of importing into the computer system causing that person to lose reputation, to be insulted, to be hated, or to be embarrassed - This is considered punishable by imprisonment for not more than 3 years, a fine of not more than 200,000 baht, according to Section 16 of the Computer Crime Act.

Section 27 The Data Controller shall not use or disclose Personal Data without the consent of the data subject unless it is the Personal Data which is collected without the requirement of consent undersection 24 or section 26.

The Person or juristic person who obtains Personal Data as a result of the disclosure under paragraph one shall not use or disclose such Personal Data for any purpose other than the purpose previously notified to the Data Controller in the request to obtain such

Personal Data.- In the event that the Data Controller uses or discloses the Personal Data which is exempted from consent requirement in paragraph one, the Data Controller shall maintain a record of such use or disclosure in the record under section 39. 

Personal data that must be authorized by the data subject before it is collected, used and distributed include name, address, telephone number, e-mail address, and other information. that can be associated with the identity of the owner of the information who is a natural person (human) and includes "photographs of people with clear faces"

So, secretly taking pictures of other people and posting them online ....it's illegal!

Section 31 of the Copyright Act B.E. 2537

If “piracy goods” are sold, rented, published, distributed, imported, ordered, or for-profit, knowing that it is a pirated product - then, it is an offense under Section 31 of the Copyright Act B.E. 2537, with a fine of 10,000 – 100,000 baht. Note that if done for commercial imprisonment for 3 months to 2 years, a fine of 50,000 - 400,000 baht, or both (Section 70).

Reproduction, alteration, or distribution to the public “Copyrighted goods” without permission from the copyright owner. It is an offense under Section 27 of the Copyright Act B.E. Punishable by imprisonment of 6 months to 4 years, or a fine of 100,000 – 800,000 baht, or both (Section 69).

Online business is full of traps and risks. Anyone who thinks that the Internet is free and you can do almost anything may not go very far in the digital world.

References

https://www.thaigov.go.th/news/contents/details/

Personal Data Protection Act, B.E. 2562 (2019) - (Unofficial Translation)