Bangkok: Rumors have been circulating on social media warning that using CCTV cameras without displaying a warning sign may violate the Personal Data Protection Act (PDPA) and result in fines up to millions of baht, causing public concern.
According to Thai News Agency, the "Sure Before Sharing" center consulted Police Colonel Natkrit Promchan, Deputy Secretary-General of the Personal Data Protection Board, to clarify the situation.
Colonel Natkrit Promchan explained that while the warning carries a kernel of truth, the application of the law depends on the context. Government agencies, companies, shops, or public areas with high traffic must display a clear privacy notice, as mandated by the PDPA. However, for private residences or personal vehicles, such signage is not required, as individuals have the right to secure their private space.
Camera owners must ensure data security, preventing image or video files from falling into unrelated hands. Installing security cameras at home doesn't require a warning sign, but improper installation-such as pointing cameras into a neighbor's property-can violate the PDPA and other laws. The correct practice is to focus cameras on one's own property.
Violations of the PDPA can lead to civil liability, criminal penalties, and administrative fines. Civil penalties involve compensating individuals whose data rights were violated. Criminal penalties apply if CCTV footage causes harm or defamation, with fines up to 1,000,000 baht and potential imprisonment. Administrative penalties for not displaying required privacy notices can reach 1,000,000 baht, and failing to implement cybersecurity measures can incur fines up to 3,000,000 baht.
Regarding dashcams, the requirements are similar to home security cameras. For private vehicles, no signage is necessary, but commercial vehicles must inform passengers of ongoing recording. Dashcam footage can be legally shared with authorities in an accident but posting clips on social media should avoid defamation and ensure individuals' anonymity.
The circulating warning about fines for failing to display a sign, although intended to raise PDPA awareness, lacks clarity and leads to misunderstandings. For public or commercial spaces, signs are required, whereas private areas do not need them. It is crucial to install cameras responsibly and be cautious when sharing video clips on social media.