Section 34 of the 1997 Constitution states, "A person's family rights, dignity, reputation or his right to privacy shall be protected. The assertion or circulation of a statement or picture in any manner whatsoever to the public, which violates or affects a person's family rights, dignity, reputation or the right of privacy, shall not be made except for the case which is beneficial to the public." Section 37 states, "Persons have the freedom to communicate with one another by lawful means. Search, detention or exposure of lawful communication materials between persons, as well as actions by other means so as to snoop into the contents of the communications materials between persons, is prohibited unless it is done by virtue of the power vested in a provision of the law specifically for the purpose of maintaining national security or for the purpose of maintaining peace and order or good public morality." Section 58 states, "A person shall have the right to get access to public information in possession of a State agency, State enterprise or local government organization, unless the disclosure of such information shall affect the security of the State, public safety or interests of other persons which shall be protected as provided by law."[2645]
The National Information Technology Committee (NITC) approved plans in February 1998 for a series of information technology laws. Six sub-committees under the National Electronics and Computer Technology Centre were set up to draft the following bills: E-Commerce Law, EDI Law, Privacy Data Protection Law, Computer Crime Law, Electronics Digital Signature Law, Electronics Fund Transfer Law and Universal Access Law. All six bills were reportedly submitted to the Cabinet in January 2000.[2646] In July 2000, the Cabinet approved, the Electronic Transactions Bill, a combined electronic commerce and digital signature measure.[2647] The bill was finally passed by Parliament in October 2001[2648] and became effective in April 2002.[2649] The law allows electronic documents to be used as evidence in court and make digital signatures legally binding. Many state and governmental rules and regulations have been revised to allow electronic documents as legal evidence. The E-Commerce Act and the Credit Bureau Act have been enacted and entered into force in 2002. As of July 2003, the Privacy Data Protection Law is still under consideration by the Cabinet and is being debated in relation with the 1997 Official Information Act.
Work has been under way for several years on a draft data protection law but so far it has not been introduced in Parliament. The draft is based on eight principles of data protection, including consent, notice, purpose specification and use limitation, accuracy, access, security and enforcement.[2650] The law would also establish a data protection committee. The Association of Thai Computer Industry has said that it would welcome the introduction of a data protection law.[2651] A survey of Internet service providers (ISP) subscribers, conducted by the Bangkok Post in November 2001, found that 39 percent of all respondents were concerned about their privacy and possible abuse of personal data provided to their ISP.[2652]
A draft of the Computer Crime law was approved, with reservations, by the Prime Minister in May 2002. Under the draft law, the publication of child pornography would be punishable by five years imprisonment and a large fine, and hacking into computer networks with malicious intent would be punishable by two years imprisonment. The law would also criminalize the use of computers for fraudulent purposes. It would grant "State Officers" defined as police and officials of any other organization established by the legislation, widespread powers of search and seizure. The Prime Minister expressed concern about these powers saying that the Council of State would have to review the proposal for infringement of human rights before submitting it to his Cabinet and the Parliament for approval. The Ministry of Information and Communication Technologies is currently considering the bill.[2653] It is expected that the legislation will be enacted soon. According to the drafting committee, the law is based on computer crime laws in the United States and Europe, including the recent Council of Europe Cybercrime Convention.
In July 2001, the NITC announced its intention to crack down on "inappropriate" content on Web sites. It stated that it was going to introduce new measures requiring ISPs to keep subscriber's log files and caller ID for at least three months, to include a customer responsibility clause in their terms of service, and to react immediately and block access when informed of inappropriate content on web sites. The Royal Police Department was tasked with cooperating with the NITC in enforcing the new measures. It was instructed to work with technical and legal experts in analyzing Web sites, to establish an e-mail hotline, and to monitor all Internet cafés.[2654]
The Official Information Act was approved in 1997.[2655] The Act guarantees access to public information for all citizens and sets a code of information practices for the processing of personal information by state agencies. Section 4 of the Act defines personal information as information relating to "the particular private matters" of a person that can identify that person.[2656] The agency must ensure that the system is relevant to, and necessary for, the achievement of the objectives of the operation of the State agency; make efforts to collect information directly from the subject; publish material about its use in the Government Gazette; provide for an appropriate security system; notify such person if information is collected about him or her from a third party; not disclose personal information in his or her control to other State agencies or other persons without prior or immediate consent given in writing except in limited circumstances; and provide rights of access, correction and deletion.
The Official Information Commission (OIC) oversees the Act.[2657] The Commission is under the Office of the Prime Minister. In November 2000, Mr. Chungtong Opassiriwit was appointed as the new director of the Commission, following the dismissal of the former director in August 1999. In April 2001, an Information Act Amendment Committee, comprising eighteen members was established. The Committee is looking at ways to enforce the Act more efficiently and effectively. As of July 2003, no progress had been made and has not been submitted the Cabinet yet.[2658]
The Central Juvenile and Family Court Act and the Children and Youth Conduct Promotion Act provide protection for the basic rights, including privacy, of children in crime and sexual harassment cases. In September 2001, the Office of the Attorney General issued a statement accusing the media of not respecting these rights.[2659]
Under the 1997 Constitution the police are required to obtain a warrant before conducting a search. In practice however, the procedures for obtaining warrants under the Criminal Procedure Code are said to be outdated and warrantless, and overly intrusive searches are not uncommon.[2660] In 2002 the Ministry of Justice introduced a bill to establish a Special Investigation Department (SID). Under the bill, the SID would be authorized to investigate any criminal case and to search people's homes without a warrant. They would also be authorized to conduct body searches if suspects refused to co-operate. In June 2002, a police committee issued a report opposing the proposal saying that it could infringe on individual human rights and could lead to inter-agency conflict.[2661]
Phone tapping is a criminal offense under the 1934 Telegraph and Telephone Act.[2662] Violators can face up to five years in jail. Wiretaps can be conducted for certain law enforcement purposes upon the issuance of a warrant. Under the Anti-Money Laundering Law of 1999 police are empowered to wiretap the conversations between drug dealers, clients and producers. Illegal wiretapping is common in Thailand. Communications Minister Suthep Thuagsuban told reporters in June 2000, "Tapping telephones is not new in Thailand, everybody knows there is telephone tapping. When you return home you should check your line."[2663] In April 1997, tapes and transcripts from wiretaps of Sanan Kachornprasart, the opposition party Democrat secretary-general, were found in the compound of Government House.[2664] The Armed Forces Security Center was accused of being behind the tapping.[2665] Wiretaps were found on the telephone of, Veera Somkwamkid the chairperson of the Civil Rights and Freedom Protection Group, an anti-corruption group in June 2000. Following the arrest of two technicians from the Telephone Organisation of Thailand (TOT) for the tap, the president of the TOT resigned. The National Counter Corruption Commission took over the investigation and closed their inquiry in June 2001.[2666] Mr Veera, announced he would appeal the decision of the Commission not to arrest "the suspected masterminds," a police general and a police colonel to the Prime Minister.[2667] In March 2002, the editor in chief of the leading daily claimed his mobile phone was being bugged by Advanced Info Services Plc, a company owned by the Prime Minister.[2668]
This alleged illegal wiretapping by the Prime Minister is said to be part of a much larger campaign to silence the media and other critics of his government. In March 2002 there was widespread controversy when it was revealed that the government's Anti-Money Laundering Office (AMLO) had ordered a secret probe into the assets of prominent media figures and NGO officials. In June 2002, the Thai Administrative Court ruled that these investigations by AMLO were unlawful and a violation of privacy.[2669]
In 1997, Thailand began issuing a new national ID card with a magnetic strip. At present, these cards are in use in nine provinces. The computer system links government departments including the Revenue Department, the Ministry of Foreign Affairs, the Ministry of Defense and the Office of the Narcotics Control Board. The new ID card can also be used as an ATM card, student card and social welfare card. The government also has plans to link the system with other governments to allow holders to travel in Asian countries without the need for a passport, using only the new card.[2670] Prime Minister Thaksin Shinawatra recently criticized plans by the Social Security Office to issue single purpose smart cards for social security fund members. Instead he encouraged integration of the service into the new ID card.[2671] In August 2000, in a move towards greater e-government, the Interior Ministry's Local Administration Department developed its own web portal, which will be used to provide a wide range of services to citizens. Citizens register for an e-mail account with khonthai.com by entering their ID card number. Once they have an account and password they can verify data included in their civil registration accounts including their ID card details, name, address and marital status changes, and voting eligibility. The portal site currently hosts government agencies, state enterprises and private sector firms. Political parties providing election information are also listed and the system will eventually be used for e-voting. LAD also intends to introduce the system in over 300 municipal schools in the next few years.[2672]
The Official Information Act allows for citizens to obtain government information such as the result of a consideration or a decision which has a direct effect on a private individual, work-plan, project and annual expenditure estimates, and manuals or order relating to work procedure of State officials which affects the rights and duties of private individuals. Individuals can appeal denials to the Official Information Commission. In 2002 the Commission received 176 complaints and 117 requests for appeals.[2673] The majority of complaints and appeals are still mostly related to public procurement and bidding in the local government and state department agencies and ministries.[2674] In June 2000, following an investigation by the OIC, the Defense Ministry released an official report on the 1992 bloody Black May military crackdown on political protests.[2675]
The 1997 Constitution provided for the establishment of a National Human Rights Commission to supervise, monitor and promote human rights in Thailand. In June 2001, the Senate selected the final two of the eleven member Commission. The members will serve for a period of six years.[2676]