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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 :

Thailand Law Forum would like to thank Chaninat & Leeds for their assistance. A law firm with both Thai and American lawyers, they provide a range of legal assistance, from business to family law, including adoption in Thailand.


In the case where there is an objection, the responsible State official shall, without delay, consider the objection and notify the result thereof to the person presenting it. In the case where an order dismissing the objection is made, State officials shall not disclose such information until the period for an appeal under section 18 has elapsed or until the Information Disclosure Tribunal has made a decision permitting the disclosure of such information, as the case may be.

Section 18. In the case where a State official issues an order prohibiting the disclosure of any information under section 14 or section 15 or dismissing the objection of the interested person under section 17, such person may appeal through the Board to the Information Disclosure Tribunal within fifteen days as from the date of the receipt of such order.

Section 19. The consideration, whether by the Board, the Information Disclosure Tribunal or the Court, of the information the disclosure of which is prohibited by an order shall be conducted under the procedure without having such information disclosed to any other person not relevent to the procedure of consideration, and in the case of necessity, the consideration may be conducted in the absence of any party.

Section 20. In disclosing any information the disclosure of which may constitute liability under any law, the State official shall be deemed to he exempt from such liability if he acts in good faith in the following circumstances:

(1) in respect of the information under section 15, where the State official duly proceeds in accordance with the Rule issued under section 16;
(2) in respect of the information under section 15, where the State official of the level specified in the Ministerial Regulation issues an order for a general disclosure or a specific disclosure to any person for securing a benefit of greater importance which relates to public interest, life, body, health or other benefit of a person and such order is reasonable; for this purpose, a restriction or condition may be imposed on the use of such information as appropriate.

The disclosure of the information under paragraph one does not constitute a ground for exempting the State agency from liability under the law, if any in such case.

Personal Information

Section 21. For the purpose of this Chapter, "person" means a natural person who is of Thai nationality and a natural person who is not of Thai nationality but has a residence in Thailand.

Section 22. The National Intelligence Agency, the Office of the National Security Council and other State agencies specified in the Ministerial Regulation may. with the approval of the Board, issue the Rules prescribing rules, procedure and conditions for the inapplicability of the provisions of paragraph one (3) of section 23 to personal information in the control of such agencies. Such other State agencies which may be specified in the Ministerial Regulation under paragraph one must be State agencies the operation of which will seriously be obstructed by the disclosure of personal information under section 23 paragraph one (3).

Section 23. A State agency shall take the following actions with regard to the provision of a personal information system:

(1) providing for a personal information system only insofar as it is relevant to and necessary for the achievement of the objectives of the operation of the State agency, and terminating the provision thereof whenever it becomes unnecessary;
(2) making efforts to collect information directly from the person who is the subject thereof, especially in the case where such person's interests will be directly affected;
(3) causing the following information to be published in the Government Gazette and examining and correcting the same regularly:
(a) the type of persons in respect of which information has been held;
(b) the type of the personal information system;
(c) the ordinary nature of the use of the information;
(d) the procedure for the inspection of the information of the person who is the subject thereof;
(e) the procedure for the making of a request for the correction and alteration of the information;
(f) the source of the information;

(4) examining and correcting personal information under its responsibility;
(5) providing an appropriate security system for the personal information system in order to prevent improper use or any use to the prejudice of the person who is the subject of the information. In the case where the information has directly been collected from the person who is the subject thereof, a State agency shall, in advance or simultaneously with the request therefor, notify such person of the purpose for the use of the information, the ordinary nature of its use and whether such case of making the request is one which the information may be given voluntarily or one which it must be given compulsorily under the law.

In the case where the personal information is dispatched to any place which, in consequence thereof, may become known to general members of the public, a State agency must notify the person who is the subject thereof, unless it is carried out in conformity with the ordinary nature of the use of the information.

Section 24. A State agency shall not disclose personal information in its control to other State agencies or other persons without prior or immediate consent given in writing by the person who is the subject thereof except for the disclosure in the following circumstances:

(1) the disclosure to State officials in its own agency for the purpose of using it in accordance with the powers and duties of such agency;
(2) the disclosure in its ordinary use within the objectives of the provision for such personal information system;
(3) the disclosure to State agencies which operate in the field of planning. statistics or censuses and have the duty to keep the personal information undisclosed;
(4) the disclosure for studies and research without mentioning the name or part revealing the identity of the person to whom the personal information is related;
(5) the disclosure to the National Archives Division, Fine Arts Department or other State agencies under section 26 paragraph one for the purpose of evaluating the value of keeping such information;
(6) the disclosure to State officials for the purpose of preventing the violation of law or non-compliance with the law, conducting investigations and inquiries or instituting legal actions of any type whatsoever;
(7) the disclosure necessary for the prevention or elimination of hazards to the life or health of persons;
(8) the disclosure to the Court, State officials, State agencies or persons having the power under the law to make a request for such information;
(9) other cases as prescribed in the Royal Decree; In disclosing the personal information under paragraph one (3), (4), (5), (6), (7), (8) and (9), a list recording the disclosure shall be prepared and attached to such information in accordance with the rules and procedure prescribed in the Ministerial Regulation.

Section 25. Subject to section 14 and section 15, a person shall have the right to get access to personal information relating to him. When such person makes a request in writing, the State agency in control of such information shall allow him or his authorized representative to inspect or obtain a copy of the same. and section 9 paragraph two and paragraph three shall apply mutatis mutandis.

In the case where there exists a reasonable ground to disclose a medical report relating to any person, State officials may disclose it only to doctors entrusted by such person.

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