Legal issues concerning computer searches for obtaining evidence in criminal cases in Thailand

Abstract

At present, technology and innovation are advancing rapidly. Electronic devices - such as computers, smartphones, and other internet-connected devices - play a significant role in people’s daily lives, both in communication and various transactions. These include the purchase and sale of goods and services, payment, and other forms of financial transactions. The convenience and speed afforded by such technologies have led to an increasing use of electronic devices as instruments for the commission of criminal offenses, as well as repositories for data related to such offenses. In Thailand, state authority to search and access data stored in individuals’ electronic devices is prescribed under several statutes, most notably the computer-related Crime Act B.E. 2550 (2007). Notwithstanding the existence of statutory provisions governing the search of computer systems for the purpose of obtaining evidence in criminal proceedings, certain legal issues remain. These include concerns relating to the right against self-incrimination in cases where suspects are compelled to disclose passwords or encryption keys, as well as questions regarding the admissibility and legality of evidence pertaining to other offenses obtained without prior judicial authorization. This article aims to examine and analyze the aforementioned legal issues through a comparative study with relevant foreign laws, with a view to proposing recommendations for the reform of Thai law to effectively balance the protection of individual privacy rights with appropriate and efficient crime control. The objective is to ensure that personal rights are adequately protected while maintaining effective and proportionate mechanisms for crime control. In particular, this article proposes that clearer and more explicit provisions be incorporated into the computer-related Crime Act B.E. 2550 (2007) in order to address the challenges associated with obtaining evidence from computer searches in Thailand.