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Feature Articles :

History of Cannabis
  and Anti-Marijuana
  Laws in Thailand

Thailand’s Notable
  Criminal Extradition

Guide for Tourists
  to Laws in Thailand

Neither Free nor Fair:
  Burma’s Sham Elections

Sex Laws in Thailand:
  Part 1

Renewable Energy
  in Thailand

Transsexuals and
  Thai Law

Foreign Mafia in

Thailand Lawyer Blog:
 Thai Government to
  Review Post-2006
 Courts Order Thai
  Military to Cease
  Labeling Transsexuals
  as Mentally Ill
 Work Permit Law
  Changes in Thailand
 Bahamian Supreme Court
  Ruling Backs
  Prenuptial Agreement
  “The Neutron Bomb
  the Global Financial
 The Effects of the US
  Government’s Policies
  on Americans Living
 Chinese Assimilation
  in Thailand vs. Malaysia
 Illegal Wildlife
  Trafficking in Asia:
  Thailand as a Hub?
 Rabbi Enforcing
  Jewish Divorce Order
  Arrested by FBI
 U.S. Prenuptial
  Agreements in Thailand:
  Why Thai Law is
 US Immigration in
 Abortion and Family
  Planning Law in
  the Philippines
 U.S. Courts and the
  Application of Foreign
  Law to International
  Prenuptial Agreements
 Thailand Blasted by 2011
  Human Trafficking Report
 US Expats on Alert:
  New US Tax Law
  Extends IRS’s Reach
 Hangover 2 and
  the Thai Censors
 Thailand’s Film
  Industry Steps Up

Submissions :

The Thailand Law Forum would like to thank Chaninat & Leeds for their assistance.  Managed by a US lawyer thailand, they specialize in US visas and the legal needs of expatriates overseas.


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.

Section 10. The provisions of section 7 and section 9 do not affect official information which is required by specific law to be disseminated or disclosed by other means.

Section 11. If any person making a request for any official information other than the official information already published in the Government Gazette or already made available for public inspection or already made available for public studies under section 26 and such request makes a reasonably apprehensible mention of the intended information, the responsible State agency shall provide it to such person within a reasonable period of time, unless the request is made for an excessive amount or frequently without resonable cause.

If any official information is in a condition which can be easily damaged. a State agency may request for an extension of the period for its provision or may provide copies thereof in any such condition as to avoid damage thereto.

The official information provided by the State agency under paragraph one must be the information already subsisting in the condition ready for distribution without requiring new preparation, analysis, classification, compilation or creation, unless it is the case of transformation into a document from the information recorded in the visual or sound recording system, computer system or any other system as determined by the Board. If the State agency is of the opinion that the request is not for the benefit of trade and is necessary for the protection of the rights and liberties of such person or is beneficial to the public, the State agency may provide such information.

The provisions of paragraph three shall not prevent the State agency from creating new official information available to the person making the request if it is consistent with the usual powers and duties of such State agency.

The provisions of section 9 paragraph two, paragraph three and paragraph four shall apply mutatis mutandis to the provision of the information under this section.

Section 12. In the case where a person makes a request for official information under section 11, the State agency receiving the request shall, notwithstanding that the requested information is in the control of the central office or a branch office of such agency or in control of other State agency, give advice for the purpose of submitting the request to the State agency exercising the control of such information without delay.

If the State agency receiving the reques t is of the opinion that information for which the request is made is the information prepared by another State agency and prohibited from disclosure in accordance with Rule issued under section 16, it shall remit such request to the State agency preparing such information for further considering and making an order.

Section 13. Any person, who considers that a S tate agency fails to publish the information under section 7, fails to make the information available for public inspection under section 9, fails to provide him with the information under section 11, violates or fails to comply with this Act, or delays in performing its duties, or considers that he does not receive convenience without reasonable cause, is entitled to lodge a complaint with the Board, except where it is the case concerning the issuance of an order prohibiting the disclosure of information under section 15 or an order dismissing the objection under section 17 or an order refusing the correction, alteration or deletion of the personal information under section 25.

In the case where the complaint is lodged with the Board under paragraph one, the Board shall complete the consideration thereof within thirty days as from the date of the receipt of the complaint. In case of necessity, such period may be extended; provided that, the reason therefor is specified and the total period shall not exceed sixty days.

Information Not Subject to Disclosure

Section 14. Official information which may jeopardise the Royal Institution shall not be disclosed.

Section 15. 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 jeopardise 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 non-disclosure. 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.

Section 16. For the sake of practical clarity as to whether or not and on what conditions official information may be disclosed to any person and for the sake of expediency in having measures preventing its leakage, a State agency shall determine measures for the protection of such information in accordance with the Rule on Official Secrets Protection issued by the Council of Ministers.

Section 17. In the case where a State official is of the opinion that the disclosure of any official information may affect the interests of a person, the State official shall notify such person to present an objection within the specified period; provided that, reasonable time shall be given for this purpose which shall not be less than fifteen days as from the date of the receipt of the notification.

The person having been notified under paragraph one or a person knowing that the disclosure of any official information may affect his interests has the right to present an objection in writing against such disclosure to the responsible State official.

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