Suradech points out that barcodes on election ballots risk invalidating the election. He believes the issue will ultimately be decided by the Constitutional Court. He adds that if the Court rules it illegal, a new election must be held, and the Election Commission must face punishment under Section 157 for dereliction of duty.
On 20 Feb 2026 GMT+7, Mr. Suradech Yasawat, an independent politician, former deputy leader of the Palang Pracharath Party, former MP, and former elected Senator, commented on the ongoing issue and complaints regarding barcodes on election ballots. He said that from following the news, he believes the relevant authorities, especially the Constitutional Court, must clarify whether this is confidential and if it will invalidate the election. Personally, he views the presence of barcodes as a violation of personal data laws, punishable by imprisonment and fines totaling millions of baht. Violating personal data protection under the 2019 Personal Data Protection Act (PDPA) involves collecting, using, or disclosing data without consent or causing data leaks. Offenders face civil liability (compensation), criminal penalties (up to 1 year in prison or a 1 million baht fine), and administrative fines (up to 5 million baht).
"This is a serious matter. Mr. Wissanu Krea-ngam, a legal expert, also sees the risk that this could invalidate the election, since the barcode is not confidential. I worry the Election Commission (EC) may have broken the law, whether knowingly or unknowingly, by violating personal data protection. The barcode can be linked to individuals, revealing their ID numbers, names, addresses, and voting choices. This could lead to the election being declared invalid. If the election is illegal, the EC has broken the law. Therefore, I believe this issue will inevitably reach the Constitutional Court."
Mr. Suradech said that previously someone raised this issue with the Ombudsman, who requested the EC to provide detailed explanations within seven days before deciding whether to refer the matter to the Constitutional Court for adjudication. However, in terms of oversight, if the Ombudsman receives the EC's explanation and then forwards the case to the Constitutional Court, there may be no problem. But if the Ombudsman accepts the EC's explanation but does not send the case on, it could create difficulties for the Ombudsman, potentially leading to accusations of neglecting duty under Section 157.
Mr. Suradech said the EC is directly responsible for managing this election. The commission includes many legal experts, including Secretary-General Mr. Saweangboon Mee, who is also a lawyer. Yet, they allowed the barcode issue to occur. Therefore, the EC must take responsibility and correct the problem, possibly by recounting votes or, in the most extreme case, declaring the election invalid and holding a new one. Personally, I believe the EC has already broken the law by violating personal data protection.
When asked about the final resolution, Mr. Suradech said the solution must come from the Constitutional Court's ruling, as this issue will have to be decided by the Court regarding whether the EC indeed broke the law.
When asked if a ruling invalidating the election would cause unrest, Mr. Suradech replied that the key issue is whether the EC broke the law. If so, the EC members must be punished, removed, and replaced. Regarding concerns that a new election might cause turmoil, he believes that since there is still a government in place—even if caretaker—there will be no impact. Currently, most people believe the recent election was neither fair nor transparent, with complaints about ballot irregularities and calls for recounts in many areas. The main problem is the barcode on the ballots—whether a new election would use the same ballots or not. Ultimately, this must be resolved by the Constitutional Court. If it rules the election illegal, a new election must be held with all barcode data erased and started anew. The seven EC commissioners must face penalties. This sets the proper precedent for the country.