LEGAL MEASURES FOR PROTECTING THE RIGHT TO PRIVACY IN CASE OF SHARING PERSONAL DATA VIA ONLINE COMMUNICATION
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Abstract
The users of internet and online communication such as Social Network Websites and Chat applications on mobile phone, deliberately or inadvertently share data in every aspect of life. The data shared include images, telephone numbers, mailing addresses, workplaces, etc. which are considered "personal data" of the individuals. Not only personal information of users of online communication, but also that of non-users' has been exposed online without their consent. This research has classified the sharing of personal data online into two main categories. First is the sharing of one's own data which is associated with "self disclosure" behavior that becomes a popular trend online. Second is the sharing of others' personal data without consent which affects the right to privacy of the data owners. Such right is regarded as a fundamental or human right. Thus, this research aims to study the application of laws relating to data protection in the context of personal data sharing online. The results indicated that, by using qualitative method and comparative analysis of Thai laws with related foreign laws, there were no specific laws in the recent Thai legal system that protected the privacy and personal data. Although there are currently various laws which can be applied to protect the right of person whose personal data have been shared online, this research indicated that the problems of content, element, and scope of such laws made them inappropriate and insufficient to protect personal data from being shared online. Consequently, the amendment of laws is proposed to mitigate the negative impact of such sharing as well as to protect the right to privacy appropriately.
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References
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