การละเมิดสิทธิในความเป็นส่วนตัวและชื่อเสียงของผู้บริโภค: ศึกษากรณีการเปิดเผยเนื้อหาการสนทนาออนไลน์ในลักษณะประจานผู้บริโภค

Abstract

Humans had been influenced in various ways by digital media, most notably through electronic commerce (E-commerce), owing to the convenience of online transactions. Entrepreneurs did not need to open physical stores to market their products; they could do so via social media. Meanwhile, customers could also shop online through social media platforms rather than driving to the stores. Despite its ease, the transaction entailed risk for both parties. In several cases of e-commerce, buyers/customers were required to transfer the money to the seller, who will then delivered the products to the buyers. And, in some cases, buyers/ customers may have placed an order but have yet to pay the sellers or may have canceled the order entirely. To publicly condemn the customers' behavior, sellers published their conversations and information online, including the customers' names and surnames, personal photos, addresses, e-mail addresses, and the names of their social media accounts. As seen, social media was abused to breach rights to privacy and reputation, and this naturally led to social repercussions. Sellers may believe that they must warn other online sellers about their customers' bad behavior and discontinue selling them. The researcher examined the legal mechanisms by which buyers/ customers may seek redress for such incidents by analyzing various laws. The study found that the Personal Data Protection Act (PDPA), B.E. 2562 provided a grievance mechanism through the expert committee and consumer remedies, including civil, criminal, and administrative measures. Furthermore, customers were not expected to litigate their case, saving them both time and money. Both sellers and buyers would benefit from resolving the problems through the mediation process. The researcher recommends amending Section 78 of the Personal Data Protection Act B.E. 2562 to remove the ambiguity by granting data subject the rights to claim damages regardless of the amount of actual damages. Having stated that "... the court may impose reasonable punitive damages," this amendment allows courts the authority to increase the probability of customer remedy. Additionally, the study recommended amending Section 74 of the Personal Data Protection Act B.E. 2562 by providing the deadline for the expert committee to consider complaints about personal data breaches since the date of receipt of the complaint.