Punitive Compensation under the Personal Data Protection Act B.E. 2562

Abstract

This article is a qualitative research study conducted through document analysis. Its objectives are to examine the concepts, theories, and laws related to punitive compensation according to the Personal Data Protection Act B.E. 2562. Specifically, it focuses on the economic penalties imposed on data controllers or data processors. Additionally, it compares the administrative penalties under this Act with those stipulated in the Imposition of Pinai Regulatory Fines Act B.E. 2565.

The study found that Section 78 of the Personal Data Protection Act B.E. 2562 authorizes courts to determine punitive compensation at an appropriate amount, not exceedingly twice the actual damages. Moreover, Sections 82 to 90 set the maximum administrative fines no higher than one million to five million baht, depending on the case. These amounts are considered too low and unreasonable relative to the damage, current economic, social conditions, and inflation rates, thus failing to meet the objectives of imposing punitive compensation and administrative fines deter repeated violations and serve as a deterrent to others. On the other hand, in European Union countries and America, punitive compensation was greatly higher. Consequently, wealthy offenders or large business entities may not respect the law's provisions. Therefore, it is suggested that the economic penalties under the Personal Data Protection Act B.E. 2562 be revised to better align with the true intent of the law.