คอร์สเรียน PDPA พรบ.คุ้มครองข้อมูลส่วนบุคคล EP.5 บทลงโทษถ้าละเมิดสิทธิของ PDPA

Summary

The transcript explains the penalties under the GDPA Act for data controllers and data processors who fail to protect personal data, whether intentionally or negligently. It outlines three types of consequences: civil liability, criminal liability, and administrative offenses. Civil penalties involve compensation up to twice the damage caused, with statute of limitations spanning 3 years from awareness and 10 years from the incident. Criminal penalties can include up to one year imprisonment, fines up to 1 million baht, or both. Administrative offenses may carry fines up to 5 million baht. The speaker emphasizes assessing the impact on victims and encourages reviewing the full PPA Act for detailed understanding.

Takeaways

• 📝 Data controllers and data processors are responsible for complying with the GDPA Act, and failure to do so may cause damage to the owner of personal data.
• ⚖️ Penalties for non-compliance can occur whether the act is intentional or negligent.
• 💰 Civil liability involves compensation, which can include replacing a new product up to twice the amount of the damage caused.
• 📸 Unauthorized publication of personal photos or information can damage reputation and impact work performance.
• 🧾 The damage assessment considers the effect on the person affected and may require compensation up to twice the statute of limitations period.
• ⏳ The statute of limitations for civil cases is 3 years from knowledge of the damage and 10 years from the occurrence.
• 🚨 Criminal liability can result in imprisonment, with a maximum of 1 year for minor offenses, fines up to 1 million baht, or both.
• 💥 Serious crimes affecting human life can result in harsher penalties, including longer imprisonment.
• 🏢 Administrative offenses carry a maximum penalty of 5 million baht.
• 📚 For more detailed information, one can download and review the full PPA Act.

Q & A

What are the penalties for a data controller or data processor failing to comply with the GDPR?

The penalties include three types: civil liability, criminal liability, and administrative offenses. Civil liability involves compensation for damages, which can be up to twice the damage caused. Criminal liability may involve up to one year of imprisonment or a fine not exceeding 1 million baht, depending on the severity. Administrative offenses can result in a maximum penalty of 5 million baht.

What does 'civil liability' mean in the context of GDPR non-compliance?

Civil liability refers to the compensation or restitution paid to the individual whose personal data was mishandled or exposed. This can include replacing products or covering damages, up to twice the damage caused, and this can be claimed by the data subject.

How is the 'damage' quantified when assessing penalties for a data breach or GDPR violation?

Damage is assessed based on the harm caused to the individual whose personal data was mishandled. This includes both tangible and intangible harm, such as reputation damage, emotional distress, or financial loss. The compensation is typically calculated to cover the extent of this harm.

What is the statute of limitations for claims related to GDPR violations?

The statute of limitations is three years from the date of knowledge of the violation, and a maximum of 10 years from the occurrence of the violation.

What kind of criminal penalties can a data controller or processor face under the GDPR?

A person responsible for a GDPR violation may face a maximum of one year in prison, especially if the offense causes harm to someone's life or results in their suicide. There can also be a fine of up to 1 million baht or both imprisonment and a fine, depending on the severity of the offense.

What defines an 'administrative offense' in the context of GDPR violations?

An administrative offense refers to violations that are punished by a fine rather than imprisonment. Under the GDPR, this type of offense can result in a maximum fine of 5 million baht.

What is meant by the phrase 'the offense is public' in the context of GDPR violations?

An offense being 'public' means that the violation is widely known or has been exposed to the public in a way that damages the individual or society’s trust. This can amplify the consequences, especially if it affects the reputation or livelihood of an individual.

Can the penalties for GDPR violations be settled outside of the court system?

Yes, in some cases, mistakes or violations can be settled without the need for formal legal proceedings. However, this depends on the specifics of the case and the nature of the violation.

What is the role of the PPA Act in relation to GDPR compliance?

The PPA Act provides detailed regulations on data protection, and individuals or organizations dealing with personal data can download it for reference. It helps clarify responsibilities and penalties for those handling personal data.

What impact does a data violation have on a person's livelihood and performance?

A violation, such as the public release of personal information, can severely damage a person's professional reputation, leading to negative consequences for their career, especially in fields that rely on personal branding or public image.