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Thailand Proposes an Act to Deal with Online Crime

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Thailand’s Minister of Digital Economy and Society (DES), Chaiwut Thanakmanusorn, disclosed that the Cabinet adopted the Royal Decree Measures for Prevention and Suppression of Technology Crime in principle. Accordingly, the act was assigned to the Office of the Council of State for consideration before further enforcement.

In essence, the proposed order prescribes steps to prevent and suppress deceit in people transferring money by telephone or other means. The law also grants authorities the authority to regulate financial transactions. It prohibits opening accounts on electronic cards or wallets to bring money or property to be used in criminal acts.

The proposed Decree requires financial institutions and business operators to disclose information about their client’s accounts and transactions via a data exchange system to suspend transactions when necessary.

“The drafting of this law is a collaboration of several agencies, including the Royal Thai Police, the NBTC Office, and the Bank of Thailand. Thai Bankers Association Anti-Money Laundering Office (AMLO), etc., believe that this regulation will undoubtedly assist in eliminating the problem of ghost sims, pony accounts, and online crime problems,” Chaiwut clarified.

Procedures for halting transactions can be done when a financial institution or business operator discovers a questionable issue or is told by a competent official. They must advise financial institutions or business owners to halt transactions. The transmitting financial institution or company operator must promptly halt future transactions. They can comply with the transaction if they inspect and find no suspicious cause.

If the victim reports a fraudulent transaction, financial institutions or business operators must immediately and temporarily cease transactions and tell financial institutions or business operators receiving transfers to do the same. For the victim to file a complaint with the investigators within 48 hours, the investigators must act on that account and electronic wallet within seven days of notification. Notification of information or evidence can be sent by phone or electronically.

Furthermore, Telecommunication Service Providers have the authority to communicate information and allow the Royal Thai Police, AMLO offices, and approved agencies to view the information exchanged. At the same time, the Office of the NBTC is in charge of developing the central database for user registration information, short messages, investigation, and prevention.

The use or disclosure of personal data to prevent, detect, and deter online crime will follow personal data protection legislation. It is required to properly tackle the social media problem of fraudulent people and eliminate some legal issues that cause the integration of work between multiple agencies to be stopped or delayed in the current situation.

The act governs the usage of an account and a SIM card. It will instruct consumers to create a personal account for an electronic card or wallet. The act of opening a without the purpose of using it will be considered an infringement. Anyone who knowingly or ought to knowingly allow another individual to use or borrow their SIM card is breaking the law since criminals could use it for fraud or illegal conduct. Breaches of this law may be imprisonment for up to three years or a fine of up to 300,000 baht (US$9163.10) or both.

It is illegal for anybody to obtain, market, or post news to purchase or sell accounts, electronic cards, electronic wallets, or phone sim cards that may result in criminal activity. Anyone who breaches this will face imprisonment for 2 to 5 years and a fine ranging from 200,000 baht (US$9163.1) to 500,000 baht (US$15271.84) or both.

When aberrant behaviour is discovered or a complaint is made to the bank and enables banks and relevant organisations to reveal and exchange information about online crimes through a standard database system. Thai authorities have the authority to suspend or postpone financial transactions for an extended length of time.

Special Wisit Wisitsorn-at, Professor, the Permanent Secretary of the Ministry of Digital Economy and Society, expressed the MDES need to present the draft to the Office of the Council of State for review and consideration before the announcement goes into effect.

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