Legal Measures on Liability of OTT Service Providers for Personal Data Violations and Consumer Protection in Thailand

Abstract

This academic article aims to study legal measures concerning the liability of Over-The-Top (OTT) service providers in Thailand, particularly in relation to personal data breaches and consumer protection. Nowadays, OTT services have become an integral part of daily life, resulting in the collection, use, and disclosure of a vast amount of personal data, which may infringe upon privacy rights and consumer rights. However, Thailand currently lacks specific legislation or a clearly defined legal framework governing OTT service providers. Existing laws relevant to personal data protection and consumer rights apply only in general terms and do not specifically address OTT services.

This study focuses on analyzing relevant legal frameworks, including the Personal Data Protection Act B.E. 2562 (2019), the Consumer Protection Act B.E. 2522 (1979) and its amendments, as well as other related laws. The research also explores the legal gaps and limitations in Thailand's legal system in regulating OTT service providers, particularly those based abroad.

The study proposes the following recommendations for improving legislation and enforcement mechanisms to enhance consumer and data protection in the OTT service context in Thailand: (1) Establish a clear definition and specific legal framework for OTT services, either through new legislation or amendments to existing laws, to clearly define "OTT service providers"; (2) Strengthen personal data protection measures; (3) Enhance consumer protection by requiring OTT providers to clearly disclose their terms of service and privacy policies; (4) Promote international cooperation through agreements or MOUs between Thai regulatory agencies and those in countries hosting major OTT providers;

(5) Introduce stronger penalties and preventive measures, adjusting sanctions to correspond with the scale of the business.