11 January 2010
OFFICIAL INFORMATION ACT, B.E. 2540
BHUMIBOL ADULYADEJ, REX. Given on the 2nd Day of September B.E. 2540; Being the 52nd Year of the Present Reign.
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas it is expedient to have the law on official information; Be it, therefore, enacted by the King, by and with the advice and consent of the National Assembly, as follows:
Section 1. This Act is called the "Official Information Act, B.E. 2540 (1997)."
Section 2. This Act shall come into force after ninety days from the date of its publication in the Government Gazette.
Section 3. All other laws, by-laws, Rules and regulations, insofar as they deal with matters provided herein or are contrary hereto or inconsistent herewith, shall be replaced by this Act.
Section 4. In this Act: "information" means a material which communicates matters, facts, data or anything, whether such communication is made by the nature of such material itself or through any means whatsoever and whether it is arranged in the form of a document, file, report, book, diagramme, map, drawing, photograph, film, visual or sound recording, or recording by a computer or any other method which can be displayed;
"official information" means an information in possession or control of a State agency, whether it is the information relating to the operation of the State or the information relating to a private individual;
"State agency" means a central administration, provincial administration. local administration, State enterprise, Government agency attached to the National Assembly, Court only in respect of the affairs unassociated with the trial and adjudication of cases, professional supervisory organisation, independent agency of the State and such other agency as prescribed in the Ministerial Regulation;
"State official" means a person performing official duty for a State agency;
"personal information" means an information relating to all the personal particulars of a person, such as education, financial status, health record, criminal record or employment record, which contain the name of such person or contain a numeric reference, code or such other indications identifying that person as fingerprint. tape or diskette in which a person's sound is recorded, or photograph, and shall also include information relating to personal particulars of the deceased;
"Board" means the Official Information Board;
"alien" means a natural person who is not of Thai nationality and does not have a residence in Thailand, and the following juristic persons:
(1) a company or partnership more than one-half of the capital of which belongs to aliens; provided that a certificate of share to bearer shall be deemed to be held by an alien;
(2) an association more than one-half of members of which are aliens;
(3) an association or foundation the objects of which are for the benefit of aliens;
(4) a juristic person under (1), (2) or (3) or any other juristic person more than one-half of managers or directors of which are aliens. If the juristic person under paragraph one becomes a manager, director, member or owner of the capital of another juristic person, such manager, director, member or owner of the capital shall be deemed an alien.
Section 5. The Prime Minister shall have charge and control of the execution of this Act and shall have the power to issue Ministerial Regulations for the execution of this Act. Such Ministerial Regulation shall come into force upon its publication in the Government Gazette.
Section 6. There shall be established the Office of the Official Information Board in the Office of the Permanent Secretary for the Office of the Prime Minister which shall have the duty to perform technical and administrative works for the Board and the Information Disclosure Tribunals, co-ordinate with State agencies and give advice to private individuals with regard to the execution of this Act.
Section 7. A State agency shall at least publish the following official information in the Government Gazette:
(1) the structure and organisation 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.
Section 8. If the information which must be published under section 7 (4) has not yet been published in the Government Gazette, may not be relied on in a manner unfavourable to any person unless such person has had actual knowledge thereof for a reasonable period of time.
Section 9. Subject to section 14 and section 15, 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.