AMENDMENTS TO THE CONSUMER PROTECTION LAW CONCERNING THE RECEPTION OF UNSOLICITED ELECTRONIC INFORMATION ON MOBILE PHONES

Abstract

This research aims to: 1) examine legal issues concerning the responsibilities of the State and the private sector under human rights principles in cases involving the importation of electronic data protected by access control measures, particularly in relation to measures for the prevention and suppression of fraud offences and unauthorized access to personal data, which result in harm to consumers; 2) study legal concepts and theories regarding the liability of parties who import electronic data without the consent of data owners, with particular consideration of principles of liability for wrongful acts and damages, as well as issues related to the burden of proof and the enforcement of victims’ rights; and 3) examine legal approaches proposing joint liability of banks and mobile network operators toward consumers, given their significant roles in financial and electronic transaction systems. This study employs a qualitative research methodology, using observation and in-depth interviews with a target group consisting of general mobile phone users as consumers. In addition, relevant documents, academic studies, and legal instruments at both the domestic and international levels were collected and analyzed through content analysis. The findings reveal that: 1) the Thai legal system lacks clear and concrete provisions defining the responsibilities of the State in protecting and providing remedies to consumers harmed by violations of electronic data; 2) existing legal provisions do not effectively ensure consumer protection in practice; and 3) the approach that assigns responsibility primarily to banks and mobile network operators is not fully consistent with the United Nations Guiding Principles on Business and Human Rights, which emphasize the State’s duty to protect human rights and its obligation to work in cooperation with the private sector to prevent violations, address harms, and provide effective remedies and rehabilitation for affected consumers in a systematic and sustainable manner