Legal Measures Relating to the Offenses of Electronic Data

Abstract

          The objectives of this research were to study the Legal Measures Relating to the Offenses of Electronic Data. Due to the following conditions, (1) the problem of the offense model (2) the problem of the offense impact, (3) the legal problem in preventing the offense, (4) the problem of a civil liability offense ,(5) the prevention of damaging by the offender, (6) the problem of prosecution in relation to offense.

            The research results had found that (1) the offense model against the electronic data was the criminal offense which was an intentional act relying on knowledge of information technology to commit crimes, (2) the impact of offense involving the protection of the rights and liberties of the people (3) Legal measures to prevent offenses of the foreign countries. There were clear penalties, but in Thailand were not clear enough, both criminal and civil, (4) civil liability arising from violations of electronic data. There was no law specifying civil liability. (5) The offender must have measures to protect himself as well. (6) There should be a specialized court to consider electronic offenses. Therefore, there was the suggestion for the amendment of Section 269/1, the second paragraph and the amendment of the Civil and Commercial Code, Section 438, third paragraph, and the injured person to create a program to prevent data access. The Broadcasting Commission, Television business and the National Telecommunications Business, Advertising and public relations to the public to know about the penalty of an electronic data offense and setting up the special court and having the special experts to consider the case of electronic data abuse in particular.