4.7 OFFICE INFORMATION ACT

Official Information Disclosure

According to the Official Information Act, B.E. 2540 (1997), section7, a State agency shall at least publish the following official information in the Government Gazette:

(1) the structure and organization of its operation;

(2) the summary of important powers and duties and operational methods;

(3) a contacting address for the purpose of contacting the State agency in order to request and obtain information or advice;

(4) by- laws, resolutions of the Council of Ministers, regulations, orders, circulars, Rules, work pattern, policies or interpretations only insofar as they are made or issued to have the same force as by-laws and intended to be of general application to private individuals concerned;

(5) such other information as determined by the Board. If any information which has already been published for dissemination in sufficient number is published in the Government Gazette by making reference to such prior published material, it shall be deemed to comply with the provisions of paragraph one. A State agency shall, for dissemination purpose, compile and make available the information under paragraph one for sale, disposal or distribution at its office as it thinks fit.

Furthermore, section 9 indicates that, a State agency shall make available at least the following official information for public inspection in accordance with the rules and procedure prescribed by the Board:

(1) a result of consideration or a decision which has a direct effect on a private individual including a dissenting opinion and an order relating thereto;

(2) a policy or an interpretation which does not fall within the scope of the requirement of publication in the Government Gazette under section 7 (4);

(3) a work-plan, project and annual expenditure estimate of the year of its preparation;

(4) a manual or order relating to work procedure of State officials which affects the rights and duties of private individuals;

(5) the published material to which a reference is made under section 7 paragraph two;

(6) a concession contract, agreement of a monopolistic nature or joint venture agreement with a private individual for the provision of public services;

(7) a resolution of the Council of Ministers or of such Board, Tribunal, Commission or Committee as established by law or by a resolution of the Council of Ministers; provided that the titles of the technical reports, fact reports or information relied on in such consideration shall also be specified;

(8) such other information as determined by the Board. If any part of the information made available for public inspection under paragraph one is prohibited from disclosure under section 14 or section 15, it shall be deleted, omitted or effected in such other manners whatsoever so as not to disclose such part of the information. A person, whether interested in the matter concerned or not, has the right to inspect or obtain a copy or a certified copy of the information under paragraph one. In an appropriate case, a State agency may, with the approval of the Board, lay down the rules on the collection of fees therefor. For this purpose, regard shall also be had to the making of concession given to persons with low incomes, unless otherwise provided by specific law. The extent to which an alien may enjoy the right under this section shall be provided by the Ministerial Regulation.

Information Not Subject to Disclosure

However, section 14 states that, the Official information which may jeopardize the Royal Institution shall not be disclosed.

Section 15 also indicates that, a State agency or State official may issue an order prohibiting the disclosure of official information falling under any of the following descriptions, having regard to the performance of duties of the State agency under the law, public interests and the interests of the private individuals concerned:

(1) the disclosure thereof will jeopardize the national security, international relations, or national economic or financial security;

(2) the disclosure thereof will result in the decline in the efficiency of law enforcement or failure to achieve its objectives, whether or not it is related to litigation, protection, suppression, verification, inspection, or knowledge of the source of the information;

(3) an opinion or advice given within the State agency with regard to the performance of any act, not including a technical report, fact report or information relied on for giving opinion or recommendation internally;

(4) the disclosure thereof will endanger the life or safety of any person;

(5) a medical report or personal information the disclosure of which will unreasonably encroach upon the right of privacy;

(6) an official information protected by law against disclosure or an information given by a person and intended to be kept undisclosed;

(7) other cases as prescribed in the Royal Decree. An order prohibiting the disclosure of official information may be issued subject to any condition whatsoever, but there shall also be stated therein the type of information and the reasons for nondisclosure. It shall be deemed that the issuance of an order disclosing official information is the exclusive discretion of State officials in consecutive levels of command; provided that, a person who makes a request for the information may appeal to the Information Disclosure Tribunal as provided in this Act.

Historical Information

In section 26, a State agency shall deliver official information, which it does not wish to keep or which is kept beyond the period under paragraph two as from the date of completing such information, to the National Archives Division, Fine Arts Department or other State agencies as specified in the Royal Decree, in order that it is selected for public studies. The period of delivery of the official information under paragraph one shall be classified as follows:

(1) in respect of official information under section 14, seventy-five years;

(2) in respect of official information under section 15, twenty years.

The period under paragraph two may be extended in the following cases:

(1) where the State agency still needs to keep the official information for its own use; provided that, it shall be kept and made available for public studies as agreed upon with the National Archives Division, Fine Arts Department;

(2) where State agency is of the opinion that such official information should not yet be disclosed; provided that, an order extending the period shall be issued for each particular case and such order shall also specify the length of extension which shall not exceed five years each.

The inspection or review of the extension of time in excess of necessity shall be in accordance with the rules and procedure as prescribed in the Ministerial Regulation. The provisions of this section shall not apply to official information the destruction of which is required or allowed to be carried out by State agencies or Slate officials without need to keep it in accordance with the Rule prescribed by the Council of Ministers.