The National Intelligence Act, B.E. 2562 (2019) ("Act") was published in the Government Gazette and came into effect on 17 April 2019, repealing and replacing the National Intelligence Act, B.E. 2528 (1985). The objective of the Act is to empower the National Intelligence Agency ("NIA") to obtain data or document(s) which impact national security. Please see a summary of key points below.
The NIA has authority to order any person or government agency to submit, within a specified period, data or document(s) which impact national security. If a target fails to comply with such an order without reasonable grounds, the NIA will report the matter to the Prime Minister to seek further orders.
Where it is necessary to obtain data or documents regarding intelligence, intelligence threats, communications on the same, and/or civil defense, the Act authorizes the NIA to take any action to do so, including use of electronic, scientific, and telecommunications devices or other technology. The provision is written broadly at the moment; however a sub-regulation will be issued in the future setting out more detail.
Under this Act, “intelligence” means any actions which are undertaken—for the purposes of protecting national security and national interests—to determine the objectives, ability, movements, and methods of individuals, groups of individuals, or organizations, both in Thailand and overseas. The government will take information obtained from intelligence into consideration when establishing national policies.
The Act also establishes a National Intelligence Coordination Center with power and authority to monitor, assess, and analyze situations both in and outside of Thailand, and to take remedial measures in cases of emergency.
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