Security given and security taken away

By The Nation

 

 

Citizens can be grateful that draft law on cyber-safety is being reviewed for lack of a safeguard against abuse of authority

 

The rule of law and protection of individual privacy must prevail in the government’s effort to introduce new cybersecurity legislation to cope with challenges in the era of digital economy and society.

 

The latest draft law proposed by the Digital Economy and Society Ministry has faced severe criticism due to its failure to uphold the rule of law and provide reasonable protection to individual privacy. This has prompted the ministry to initiate the establishment of a tripartite committee of representatives of government, the private sector and civil society to review the key features of this draft cybersecurity law.

 

Prime Minister Prayut Chan-o-cha acknowledged there were shortcomings in the draft law and apparently supported changes being made to it.

 

Under the controversial draft, there was no apparent check-and-balance mechanism, thus giving state officials excessive power to infringe on the rights of citizens. For example, the authorities could confiscate computers and other electronic devices, including mobile phones and data-storage equipment, for up to 30 days without a formal charge being brought. They would need simply to cite cybersecurity concerns and a need to investigate.

 

At the least, a court of law must be consulted and a judge be required to approve a warrant for such actions, so that law-enforcement officials do not have excessive and unchecked authority under the cybersecurity bill. Without a proper check-and-balance mechanism, individual right to privacy can be easily infringed upon and there could be grave abuses.

 

In addition, the international business community would lose confidence in Thailand’s rule of law, since foreign companies and executives could also be subject to arbitrary action by law enforcement officials in the event there was suspicion of cybersecurity crimes.

 

At stake are invaluable trade and business secrets and intellectual property, which could be at risk if there is no proper judicial review of law enforcement in the form of court-approved warrants, for example. Unless the proposed cybersecurity legislation is reviewed and amended to uphold the rule of law and engage the judicial review process, the country’s image in the eyes of overseas investors and businessmen will be negatively affected.

 

It is imperative for the government to ensure that Thailand has an effective legal framework on cybersecurity as the country embraces the benefits of building a digital economy and society. As the digital transformation journey advances, cybercriminal activities will rise proportionately. Consumer and business banking activities, for example, are now migrating rapidly from physical bank branches to online and mobile platforms, and so are other business activities.

 

However, it is also necessary to strike a proper balance in enacting an effective cybersecurity law while ensuring that the country is not heading towards a police state at the expense of individuals’ right to privacy, which must be reasonably protected.

 

Hence, the tripartite committee represented by government, private sector and civil society stakeholders is burdened with a paramount task. The committee is supposed to deliver a better-balanced draft law that pledges to uphold the rule of law and provide reasonable protection to the basic rights of citizens amid fast-growing cybersecurity threats resulting from the digital transformation of the economy and society.

 

Source: http://www.nationmultimedia.com/detail/opinion/30357219

 

-- © Copyright The Nation 2018-10-26

"...In addition, the international business community would lose confidence in Thailand’s rule of law, since foreign companies and executives could also be subject to arbitrary action by law enforcement officials in the event there was suspicion of cybersecurity crimes..."

 

Anyone want to bet that the International community is 100% behind this revision? 

 

Prayut and his flunkies have shown zero interest in the rights and freedoms of Thais for several years; the idea that they suddenly give a rat's ass is ludicrous.

 

One has to think that a little birdie (Western? Chinese? Japanese? Other?) of a businessman said to him words to the effect that 'if you do this, they'll be a mass exodus of business/investment and your economy will tank'.

 

Whoever you are, good on you; the Thai people desperately need protection from Thai security forces but are currently helpless; it is the International Community that help provide safeguards.

 

 

How about replacing the omnipresent term of security with protection. 

 

As that's what it really exist for - protection of particular circles. 

2 hours ago, webfact said:

faced severe criticism due to its failure to uphold the rule of law and provide reasonable protection to individual privacy.

neither of those are important to a military authoritarian government; quite the opposite

6 hours ago, webfact said:

The rule of law and protection of individual privacy must prevail

Except when it doesn't and hasn't in a nation that has dual (if not triad) polity wherein a minority gives itself a moral prerogative to bypass laws and the constitution.