23 September 2011

(Translation)

Computer Crime Act
B.E 2550 (2007)
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Bhumibol Adulyadej, Rex.
Given on this 10th day of June B.E. 2550 (2007)
Being the 62nd year if the present reign.
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His Majesty King Bhumibol Adulyadej has been pleasantly pleased to proclaim that as it is deemed appropriate to enact a law governing the commission of a computer-related offence.

His Majesty, therefore, granted His Royal assent for the promulgation of the Computer Crime Act in accord with the recommendation and consent of the National Legislative Assembly as follows:

Section 1 This Act shall be called the “Computer Crime Act B.E 2550 (2007)”.

Section 2 This Act will come into force 30 days following the date of its publication in the Government Gazette.

Section 3 In this Act,

“Computer System” means a piece of equipment or sets of equipment units, whose function is integrated together, for which sets of instructions and working principles enable it or them to perform the duty of processing data automatically.

“Computer Data” means data, statements, or sets of instructions contained in a computer system, the output of which may be processed by a computer system including electronic data, according to the Law of Electronic Transactions.

“Computer Traffic Data” means data related to computer system-based communications showing sources of origin, starting points, destinations, routes, time, dates, volumes, time periods, types of services or others related to that computer system’s communications.

“Service Provider” shall mean:
(1) A person who provides service to the public with respect to access to the Internet or other mutual communication via a computer system, whether on their own behalf, or in the name of, or for the benefit of, another person
(2) A person who provides services with respect to the storage of computer data for the benefit of the other person

“Service User” means a person who uses the services provided by a service provider, with or without fee

“Competent Official” means a person appointed by a Minister to perform duties under this Act.

“Minister” means a Minister who has responsibility and control for the execution of this Act.

Section 4. The Minister of Information and Communications Technology shall have responsibility and control for the execution of this Act and shall have the authority to issue a Ministerial Rule for the purpose of the execution of this Act.

A Ministerial Rule shall be enforceable upon its publication in the Government Gazette.

Chapter 1
Computer-Related Offences

Section 5. Any person illegally accessing a computer system for which a specific access prevention measure that is not intended for their own use is available shall be subject to imprisonment for no longer than six months or a fine of not more than ten thousand baht or both.

Section 6. If any person knowing of a measure to prevent access to a computer system specifically created by a third party illegally discloses that measure in a manner that is likely to cause damage to the third party, then they shall be subject to imprisonment for no longer than one year or a fine of not more than twenty thousand baht or both.

Section 7. If any person illegally accesses computer data, for which there is a specific access prevention measure not intended for their own use available, then he or she shall be subject to imprisonment for no longer than two years or a fine of not more than forty thousand baht or both.

Section 8. Any person who illegally commits any act by electronic means to eavesdrop a third party’s computer data in process of being sent in a computer system and not intended for the public interest or general people’s use shall be subject to imprisonment for no longer than three years or a fine of not more than sixty thousand baht or both.

Section 9. Any person who illegally damages, destroys, corrects, changes or amends a third party’s computer data, either in whole or in part, shall be subject to imprisonment for no longer than five years or a fine of not more than one hundred thousand baht or both.

Section 10. Any person who illegally commits any act that causes the working of a third party’s computer system to be suspended, delayed, hindered or disrupted to the extent that the computer system fails to operate normally shall be subject to imprisonment for no longer than five years or a fine of not more than one hundred thousand baht or both.

Section 11 Any person sending computer data or electronic mail to another person and covering up the source of such aforementioned data in a manner that disturbs the other person’s normal operation of their computer system shall be subject to a fine of not more than one hundred thousand baht.

Section 12. The perpetration of an offence under Section 9 or Section 10 that:
(1) causes damage, whether it be immediate or subsequent and whether it be synchronous to the public shall be subject to imprisonment for no longer than ten years or a fine of not more than two hundred thousand baht.
(2) is an act that is likely to damage computer data or a computer system related to the country’s security, public security and economic security or public services or is an act against computer data or a computer system available for public use shall be subject to imprisonment from three years up to fifteen years and a fine of sixty thousand baht up to three hundred thousand baht.

The commission of an offence under (2) that causes death to another person shall be subject to imprisonment from ten years up to twenty years.

Section 13. Any person who sells or disseminates sets of instructions developed as a tool used in committing an offence under Section 5, Section 6, Section 7, Section 8, Section 9, Section 10 and Section 11 shall be subject to imprisonment for not more than one year or a fine of not more than twenty thousand baht, or both.

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