Section 323 — Breach of professional confidence
English translation
Whoever comes to know or acquires the secret of another person by reason of being an official, or a person whose profession is that of a physician, pharmacist, druggist, midwife, nurse, priest, lawyer, auditor, or an assistant in such profession, and then discloses that secret in a manner likely to cause injury to any person, shall be liable to imprisonment not exceeding six months or a fine not exceeding ten thousand baht, or both.
Whoever, being a person who has received an order from an official or from a person of a profession mentioned in the first paragraph, comes to know the secret of another person as a result of complying with that order, and then discloses that secret, shall be liable to the same punishment.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 323 protects the confidential relationship between certain trusted professionals or officials and the people they serve. The elements are: the accused holds one of the listed roles (official, physician, pharmacist, druggist, midwife, nurse, priest, lawyer, auditor, or an assistant to such a profession); the accused came to know or acquired a secret of another by reason of that role; disclosure of the secret; and that the disclosure is likely to cause injury to a person. The second paragraph extends the same liability to a subordinate who learns the secret while carrying out an order from one of those persons. Unlike Section 322, no opening of correspondence is required, and unlike the general defamation offences, the wrong is the breach of a duty of confidence. By Section 325 the offence is compoundable.
Why this matters in practice
This is the criminal counterpart to a professional's duty of confidentiality and is most relevant to disputes with a doctor, hospital, lawyer, accountant or public official who has revealed sensitive information. The disclosure must be likely to cause injury, so purely harmless disclosures are not caught, and consent of the person whose secret it is negates the wrong. The offence is compoundable under Section 325, so it is frequently resolved by settlement. Penalty exposure is limited, but a complaint can accompany a civil claim for the harm caused.
Frequently asked questions
Can a doctor or lawyer be prosecuted for revealing my secrets?
Yes. Under Section 323, a physician, lawyer, auditor, official or other listed professional who discloses a secret learned through their role in a way likely to cause injury faces up to six months in prison or a fine of up to 10,000 baht.
Does the disclosure have to cause actual harm?
No. The section requires only that the disclosure be likely to cause injury to a person, not that harm has already occurred.