Bangkok: Suradech Yasawat has raised concerns regarding the use of barcodes on election ballots, suggesting that this issue will eventually be taken to the Constitutional Court for resolution.
According to Thai News Agency, Suradech believes the barcodes could infringe upon personal data privacy laws, potentially invalidating the election results. He warned that if the Constitutional Court rules against the use of barcodes, a new election would be necessary, and the Election Commission could face penalties under Section 157 for failing to fulfill its duties.
Mr. Suradech Yasawat, a former deputy leader of the Palang Pracharath Party and a former elected senator, emphasized the need for clarification from relevant agencies, particularly the Constitutional Court, on whether the barcodes violate election secrecy. He argued that the use of barcodes breaches personal data privacy, which is defined as a crime under the Personal Data Protection Act B.E. 2562 (PDPA), with penalties including imprisonment and fines amounting to millions of baht.
He expressed concerns echoed by legal expert Mr. Wissanu Krea-ngam, who also suggested that the use of barcodes could invalidate the election. Suradech stressed that the Election Commission might be in violation of the law, as the barcodes can reveal personal information such as national ID numbers, names, addresses, and even voting choices. This could lead to the election being declared void and the necessity for a new election.
Mr. Suradech mentioned that a complaint regarding this issue had been lodged with the Ombudsman, who requested clarification from the Election Commission within seven days. The Ombudsman will decide whether to refer the matter to the Constitutional Court. Suradech noted that if the Ombudsman does not forward the issue to the Constitutional Court after receiving clarification, it could lead to further complications, including allegations of dereliction of duty.
He also highlighted the Election Commission's responsibility in managing the election, questioning how the barcode issue was allowed to occur despite the presence of legal experts. Suradech believes the Election Commission should take responsibility, which could involve actions like a recount or, in extreme cases, declaring the election void. He reiterated that the Constitutional Court should ultimately decide if the Election Commission violated the law.
Suradech addressed concerns about potential unrest if the Constitutional Court declares the election illegal. He stated that if the Election Commission is found to have violated the law, they must be punished, and a new commission elected. He minimized the potential for unrest, noting that a caretaker government is in place. The focus, he said, should be on establishing a fair and transparent electoral standard for the country, especially considering public dissatisfaction with the previous election and allegations of ballot irregularities. If the Constitutional Court rules against the Election Commission, a new election must be held, all barcode data erased, and the electoral process restarted. The seven commissioners could then face punishment under the law.