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act
government news
1997
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Bhumibol Adulyadej, REX.
Given on the 2nd day of September B.E. 2540 (1997)
It is the 52nd year of the present reign.
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that
Whereas it is expedient to have a law on official information
His Majesty, therefore, enacted an Act, 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"
Section 2. This Act shall come into force upon the expiration of ninety days from the date of its publication in the Government Gazette.
Gazette onwards
Section 3. All other laws, rules, regulations and regulations in the part already provided in
this act or which is contrary to or contrary to the provisions of this Act, this Act shall be replaced.
Section 4. In this Act
“Information” means anything that conveys the meaning of facts, information, or anything.
Interpretation is achieved by the state of the matter itself or through any means. and whether it is prepared in the form
of documents, files, reports, books, schematics, maps, drawings, photographs, films, video or audio recordings,
recorded by a computer or by any other means to make the recordings visible.

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“government information” means information that is in the possession or control of
government agency whether it is information about government operations or information about
private
“State agency” means a central government agency. provincial government local government
State enterprises, government agencies under the National Assembly Court only in respect of non-corporate trials
professional control State independent agencies and other agencies as prescribed in the Ministerial Regulations.
“State official” means a person who performs duties for a State agency.
“Personal Information” means information relating to an individual's identity, for example:
Education, financial status, health history criminal record or work history Those who have the name of the
or contains a number, code, or other characteristic that enables the person to be identified, such as fingerprints, recordings
Voice characteristics of people or photographs and shall include information about the identity of the deceased person.
Karma already
“Committee” means the official information committee.
“Alien” means a natural person who does not have Thai nationality and does not have a residence.
in Thailand and the following juristic persons
(1) a company or partnership with more than half of its capital is owned by a foreigner; Share certificates issued to shareholders shall be deemed
Share certificates are held by foreigners.
(2) an association with more than half of its members are foreigners;
(3) associations or foundations whose objectives are for the benefit of foreigners;
(4) a juristic person under (1), (2), (3) or any other juristic person having more than half of the managers or directors as
alien
juristic person under paragraph one If becoming a manager or director, member, or having capital in another juristic person,
It is deemed that the manager or director or member or owner of such capital is an alien.
Section 5. The Prime Minister shall be in charge of the execution of this Act and have the power to issue ministerial regulations for
comply with this Act
that ministerial regulation When published in the Government Gazette, it shall come into force.
Section 6 There shall be established an Office of the Official Information Committee under the Office of the Permanent Secretary.
Prime Minister's Office are responsible for performing academic and administrative tasks for the Board and

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Information Disclosure Tribunal Coordinate with government agencies and give advice to
private sector concerning the implementation of this Act

Chapter 1
Disclosure of information
_______________
Section 7. State agencies shall submit at least the following official information for publication in the Government Gazette:
Gazette
(1) Structure and organization of operations
(2) a summary of important powers and duties and methods of operation;
(3) a place of contact for obtaining information; or advice on how to contact government agencies
(4) rules, cabinet resolutions, regulations, orders, circulars, regulations, schemes, policies or
interpretation, only to those which are provided on a conditional basis. in order to have general effect on the private sector concerned
(5) other news information as prescribed by the Committee.
Any information that has been published in such a way that a reasonable amount has been published. If it is published in the Royal
Gazette with reference to that publication shall be deemed to have complied with the provisions of paragraph one.
State agencies shall collect and provide information under paragraph one for dissemination for sale or distribution.
distributed at the office of that State agency as it deems appropriate.
Section 8 Information which must be published under Section 7 (4) if it has not been published in the Government Gazette.
may not be enforced in a way that is unfavorable to anyone. unless that person is actually aware of the information
It's been quite a while.
Section 9. Subject to Section 14 and Section 15, a State agency shall provide information.
at least the following official documents are available for the public to inspect. in accordance with the rules and procedures that
prescribing committee
(1) the result of the consideration or decision which directly affects the private sector; including disagreements and orders
involved in the determination of the aforementioned
(2) a policy or interpretation that is not applicable shall be published in the Government Gazette under section 7 (4).

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(3) work plans, projects and annual expenditure budgets of the year in which they are being operated;
(4) a manual or an order relating to the performance of duties of a State official; which affects the rights and duties of the private sector
(5) publications referred to under section 7 paragraph two.
(6) a concession contract, a contract with the nature of a monopoly or a joint venture contract with a private
provide public services
(7) Cabinet resolutions or the resolution of the committee appointed by law or by the Cabinet resolution
In this regard, specify a list of academic reports. report the facts or information to be used in consideration as well.
(8) other news information as prescribed by the Committee.
Information that is made available to the public for inspection under paragraph one. if there is a part which is prohibited from disclosure under section
14 or section 15 is included, delete or cut off or do by any other means that does not disclose the information.
that
Individuals, whether they have a stake or not. shall have the right to inspect, request a copy or request a copy containing
can certify the correctness of the information under paragraph one. Where appropriate, a State agency with the approval of
The Board may establish rules for collecting fees in this regard.
Low income consists of However, unless there is a specific law stipulating otherwise.
How much rights an alien will have under this section shall be as prescribed by the Ministerial Regulation.
Section 10. The provisions of Section 7 and Section 9 do not affect the official information available.
Specific laws require the release or disclosure. by other means
Section 11. In addition to official information published in the Government Gazette or provided
People can now come and inspect. or that has been arranged for the public to search under section 26, if any person requests information
Any other official news and that person's request indicates the desired information in a manner that may reasonably be understood.
The responsible government agency provides such information to the requester within a reasonable time. unless the person requests the amount
much or often without justifiable reasons
Any official information is in a condition that may be easily damaged. Government agencies will request an extension of time for procurement.
give or will make a copy under any condition in order not to cause damage to that information.
The official information provided by the State agency under paragraph one shall be information already available in the
The condition that is ready to be obtained does not need to be established. analyze, classify, collect or redistribute, unless
It is the transformation into a document from the information recorded in the video or audio recording system.
computer or any other system as prescribed by the Board. But if the government agency deems that the request

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That is not a commercial exploitation. and is it necessary to protect the rights and freedoms for that person?
It is a matter that will benefit the public. Government agencies may provide such information.
The provisions of paragraph three do not preclude any government agency from providing any new official information.
to the requester if it is consistent with the normal powers and duties of that State agency
The provisions of section 9 paragraph two, paragraph three and paragraph four shall apply to the provision of information to
under this section mutatis mutandis.
Section 12. In the case where there is a person submitting a request for official information under section 11, even though the information
The request will be under the supervision of a central authority. or branch of that agency or will be in the
oversight of other government agencies. to the government agency receiving the request for advice. to submit an application
to the government agency that oversees the information without delay.
If the requesting State agency deems that the information requested is information provided by the report of
other State and where disclosure has been prohibited in accordance with the regulations prescribed under section 16, the request shall be submitted to the Agency.
of the State producing the information is considered for further order.

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Section 13. Any person who considers that a State agency does not publish information under section 7 or does not provide information
provide information for the public to examine under section 9, or fail to provide information to him under section 11 or
contravenes or fails to comply with this Act, or delays his performance or deems himself unable to facilitate without
With reasonable grounds, that person has the right to lodge a complaint to the Board. unless it is about a non-disclosure order.
news under section 15 or an order not to listen to an objection under section 17 or an order not to change or
delete personal information under section 25
In the event of a complaint to the Committee under paragraph one The Board must complete its consideration.
within thirty days from the date of receipt of the complaint In case of necessity, time may be extended, but it must be shown.
The reason and the total time must not exceed sixty days.
Chapter 2
Non-disclosure information
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Section 14. Official information that may cause damage to the King's Institute will be
cannot be disclosed
Section 15. Official news information having any of the following characteristics: a State agency or
A State official may order a non-disclosure with due regard to the performance of duties under the law of the State agency.
public interest and the interests of the private sector involved together
(1) Disclosure will cause damage to national security. international relations
and stability in the country's economy or finance
(2) Disclosure will deteriorate the efficiency of law enforcement. or may not be able to achieve its objectives
Yes, whether it is about litigation, defense, suppression, testing, investigation or knowledge.
source of information, whether or not
(3) opinions or recommendations within a State agency in the implementation of any matter; but not
including academic reports report the facts or information used to make an opinion or
such internal advice
(4) Disclosure will endanger the life or safety of any person.

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(5) a medical report or personal information which disclosure would invade personal rights;
inappropriately
(6) official information that is protected by law against disclosure; or information that has been provided without
intended for the government to disclose to others
(7) other cases as prescribed by a Royal Decree
An order prohibiting the disclosure of official information may prescribe any condition. but must also specify that
It cannot be disclosed because it is a type of information and why. and shall be deemed to have an order to disclose information
Official news is at the exclusive discretion of government officials in the chain of command, but the requester may
Appeal to the Information Disclosure Tribunal as prescribed in this Act.
Section 16. To make it clear in practice that official information will be disclosed to any person.
Under what conditions? and there should be a method to prevent leakage so that the government agency shall determine the method of protection.
that information in accordance with the regulations prescribed by the Council of Ministers concerning the confidentiality of government officials.
Section 17. In the case where a State official is of the opinion that Disclosure of any government information may affect
benefit of any person the state official shall notify that person to propose
objection within the specified time provided that a reasonable time may be given for an objection, which shall not be less than ten.
five days from the date of notification
The person notified under paragraph one or those who know that the disclosure of any government information may affect
their interests has the right to object to the disclosure of such information in writing to a government official
responsible person
In case of objection The responsible state official shall consider the objection and notify the result of the consideration.
notify the objector without delay In the event of an order not to listen to the objection Government officials will disclose information.
not until the expiration of the time of appeal under section 18 or until the Disclosure Tribunal
The information has a decision to disclose that information, as the case may be.

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Section 18. In the case where a State official has issued an order prohibiting the disclosure of any information under section 14, or
Section 15 or there is an order not to listen to the objection of the interested person under section 17, that person may appeal.
The Information Disclosure Tribunal within fifteen days from the date of receipt of the notification of the order by filing a request
Appeal to the Board
Section 19. The consideration of information that has been ordered non-disclosure, whether it is the consideration of
The Committee, the Information Disclosure Tribunal, or the Court may process must be carried out
to consider without the information being disclosed to any other person that is not necessary for consideration and, where necessary, will
can consider behind the scenes of any party or party
Section 20 Disclosure of any information Even if they are liable under any law,
State officials shall not be liable if they act in good faith in the following cases:
(1) information and information under section 15, if a State official has acted properly in accordance with the regulations under
Section 16
(2) information information under section 15, if a government official at the level as prescribed in the Ministerial Regulation orders
disclose publicly or specifically to any person for the greater good in relation to the public interest
or the life, body, health or other interests of a person and the order was made reasonably
In this regard, restrictions or conditions may be imposed on the use of such information, as appropriate.
Disclosure of information under paragraph one shall not cause a State agency to be discharged from liability under paragraph one.
the law, if it should exist in such a case.
Chapter 3
Personal information
______________
Section 21. For the benefit of this chapter, “person” means a natural person.
with Thai nationality and natural persons who do not have Thai nationality but have residence in Thailand

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Section 22 National Intelligence Agency Office of the National Security Council and government agencies
other as prescribed in the Ministerial Regulation may issue regulations with the approval of the Criteria Setting Committee
Methods and conditions that prohibit the provisions of paragraph one (3) of section 23 from applying to the information
Persons under the supervision of the said agency.
Other State agencies to be prescribed in the Ministerial Regulation under paragraph one Must be a government agency that
Disclosure of types of personal information under section 23 paragraph one (3) will be a serious obstacle to
operation of the said agency
Section 23. State agencies shall comply with the following procedures in relation to the organization of personal information systems:
(1) There must be a personal information system only as relevant. and necessary for the operation of
State agencies to accomplish their objectives only. and cancel the provision of such a system when it is no longer necessary.
(2) try to collect information directly from the owner of the information especially in the case of
the person's direct interest
(3) to arrange for publication in the Government Gazette; and always correct and correct what
as follows
(a) the type of person to whom the information is kept;
(b) Types of personal information systems
(c) the nature of the normal use of information
(d) Method for requesting to check the information of the owner of the information
(e) Procedures for requesting changes in information
(f) source of information
(4) Always check and correct personal information in the responsibility of
(5) provide a security system for the personal information system; as appropriate for
Prevents any improper use or detriment to the owner of the information.
In the case of collecting information directly from the owner of the information The government agency must notify the owner of the information.
in advance or with a request for information on the purpose for which the information is to be used the nature of normal data usage; and
The request for information is the case where information may be provided voluntarily or is required by law.
The government agency shall notify the owner of the information in the event that personal information is sent to
which will cause the general public to know the information. except in accordance with normal data usage behavior.

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Section 24. State agencies shall disclose personal information under their control.
to other government agencies or others without the written consent of the owner of the information provided in advance
or not at that time except for the following disclosures:
(1) to a government official in his or her agency; for use under the authority of a government agency
that place
(2) it is the normal use of information for the purpose of providing that personal information system;
(3) to the government agency working on planning; or statistics or censuses which is obliged to
Maintain personal information from disclosure to others.
(4) giving for the benefit of research studies; without specifying the name or the part that makes it known to be news
Personally related to any person
(5) to the National Archives of the Fine Arts Department. or other government agencies under section 26 paragraph one
for checking the storage value
(6) to a government official; for the prevention of violations or non-compliance with the law; investigations;
investigation or prosecution Regardless of any type of case
(7) giving which is necessary for the prevention or suppression of danger to the life or health of a person
(8) to the courts and government officials or government agencies or persons having the legal power to make an application;
such facts
(9) other cases as prescribed in the Royal Decree
Disclosure of personal information under paragraph one (3) (4) (5) (6) (7) (8) and (9) shall be
The preparation of an account showing disclosure is attached to that information. according to the rules and procedures prescribed in
ministerial regulations
Section 25. Subject to section 14 and section 15, a person has the right to know information.
Individuals related to them and when that person has a written request The government agency that oversees the information
Such person or person acting on his behalf must review or obtain a copy of the personal information.
about that person and section 9 paragraph two and paragraph three shall apply mutatis mutandis.
Disclosure of a medical report pertaining to any person If there is a reasonable cause, the State official will disclose to
only the physician assigned by that person.

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If any person deems that any part of the personal information about him or her is not correct as it really is. to have the right to submit
A written request to the government agency that oversees the information to amend, change or delete a portion of the information.
The state agency must consider the request. and notify that person without delay
In the event that the State agency fails to amend, change or delete the information as requested, such person shall have
No right to appeal to the Information Disclosure Tribunal within thirty days from the date of receiving the order.
consent to amend, change or delete information by submitting an appeal to the Board and in any case
The owner of the information shall have the right to request that the government agency note his request attached to the personal information.
can be related
The person prescribed in the Ministerial Regulation shall have the right to proceed under section 23, section 24 and this section instead.
young people, incompetent people quasi-incompetent person or the owner of the deceased information
Chapter 4
historical documents
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Section 26. Official information that the State agency does not wish to keep or has reached the expiration date.
prescribed under paragraph two as from the date of completion of the provision of such information. The government agency shall deliver it to the dormitory.
National Archives, Fine Arts Department or other government agencies as prescribed in the Royal Decree. to select
for people to study and research
The time period for submitting official information under paragraph one shall be classified as follows:
(1) official information under section 14 after seventy-five years;
(2) official information under section 15 after twenty years;
the time limit under paragraph two It may be extended in the following cases.
(1) Government agencies are still required to maintain official information for the benefit of their use.
by having to collect and arrange for the public to study and research according to the agreement with the National Archives Department.
Fine Arts
(2) State agencies are of the opinion that Such information should not be disclosed. with an order to extend the time
For a specific case, an order for an extension of time shall also specify a period of time.
but cannot be specified more than five years each time.

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An audit or review shall not allow an extension of the non-disclosure time beyond necessary to be in accordance with the rules
and the procedures prescribed in the Ministerial Regulations
The provisions under this section shall not apply to official information as issued by the Council of Ministers.
Requires government agencies or government officials to destroy or possibly destroy without storage.
Chapter 5

Government Information Committee
______________
Section 27 There shall be an official information committee. consisting of ministers who
The Prime Minister assigns him the chairmanship. Permanent Secretary of the Prime Minister's Office Permanent Secretary, Ministry of Defense Permanent Secretary
Agriculture and Cooperatives Permanent Secretary Permanent Secretary, Ministry of Foreign Affairs Permanent Secretary for the Interior
Permanent Secretary, Ministry of Commerce Secretary of the Council of State Secretary-General of the Civil Service Commission
Secretary General of the National Security Council Secretary-General of the House of Representatives Director of the National Intelligence Agency
Director of the Bureau of Budget and other experts from the public and private sectors which the Cabinet re-appointed
Nine people are directors.
The Permanent Secretary of the Office of the Prime Minister shall appoint a government official of the Office of the Permanent Secretary of the Prime Minister's Office as
secretary, and two are assistant secretaries.
Section 28. The Committee has the powers and duties as follows:
(1) to supervise and give advice on the operation of government officials and government agencies;
in compliance with this Act
(2) to give advice to government officials or government agencies; on compliance with this Act
as requested
(3) to make recommendations on the enactment of a Royal Decree; and the issuance of ministerial regulations or regulations of the Cabinet
under this Act
(4) to consider and give opinions on complaints under section 13;
(5) to prepare a report on the implementation of this Act for submission to the Council of Ministers from time to time under
suitability, but at least once a year
(6) to perform other duties as prescribed in this Act.

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(7) to carry out other matters as assigned by the Council of Ministers or the Prime Minister.
Section 29. The qualified members appointed under section 27 shall hold office for each term.
Three years from the date of appointment A person who has vacated office may be reappointed.
Section 30. Apart from vacating office by rotation qualified members appointed by
Section 27 vacates office upon:
(1) death
(2) resignation
(3) dismissal by the Council of Ministers due to disgraceful behavior, negligence or dishonesty in the performance of duties; or
slack off ability
(4) being a bankrupt person
(5) being an incompetent person or a quasi-incompetent person;
(6) being sentenced to imprisonment by a final judgment of imprisonment; unless it is a penalty for an offense committed by
Negligence or misdemeanor
Section 31 Meetings of the Committee There must be at least one-half of the total number of directors attending the meeting.
All directors are therefore a quorum.
The chairman of the board shall preside over the meeting. If the chairman does not attend the meeting or is unable to act
The directors present at the meeting shall elect one among themselves to preside over the meeting.
The decision of the meeting shall be made by a majority of votes. One director shall have one vote.
If the votes are equal The chairman of the meeting shall have an additional vote as a casting vote.
Section 32. The Committee shall have the power to summon any person to give statements or to deliver objects, documents or
evidence to support the consideration
Section 33. In the event that a State agency denies that it does not have the requested information in any case,
Section 11 or Section 25, if the applicant does not believe that it is true and lodges a complaint with the Committee under Section
13 The Committee shall have the power to inspect the relevant government information and notify the results.
Inspecting the Complainant
A state agency or government official shall give consent to the Board or a person assigned by the Board.
have access to inspect information in their possession whether it is disclosable or no
Either way

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Section 34. The Committee may appoint a sub-committee to consider or perform any act.
as assigned by the Committee, and the provisions of section 31 shall apply mutatis mutandis.
Chapter 6
Information Disclosure Tribunal
________________
Section 35. There shall be a committee for disclosing information in various branches. as appropriate
which the Council of Ministers appointed according to the proposal of the Board have the powers and duties to consider and decide the appeal against the order
Disclosure of information under section 14 or section 15 or an order not to listen to an objection under section 17 and
Order not to amend, change or delete personal information under section 25.
Appointment of the Information Disclosure Tribunal under paragraph one to be appointed according to the branch
Specializes in government information, such as national security. Economy and Fiscal
of the country or law enforcement
Section 36. A Information Disclosure Tribunal consists of persons under
necessity, but not less than three people and the government officials appointed by the committee shall act as secretaries.
and assistant secretary
In the case of considering any government agency's information Member of the Disclosure Tribunal
News from that state agency cannot be included in the discussion.
Member of the Disclosure Tribunal You cannot be a secretary or an assistant secretary.
Section 37. The Committee shall submit an appeal to the Information Disclosure Tribunal.
News, taking into account the specific expertise of each Information Disclosure Tribunal.
branch within seven days from the date the Board receives the appeal
The decision of the Information Disclosure Tribunal shall be final. and in having a ruling
Any remarks to be submitted to the Committee for the relevant government agencies to act in relation to any case as it deems appropriate
yes
The provisions of section 13 paragraph two shall apply to the consideration of the appeal of the Judicial Commission.
Disclosure of information mutatis mutandis

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Section 38. Powers and duties of each branch of the Information Disclosure Tribunal, method
consider and diagnose and the committee for considering and making a decision to be in accordance with the regulations prescribed by the Board
prescribed by publication in the Government Gazette
Section 39. The provisions of section 29, section 30, section 32 and the penalty provisions
and such provisions shall apply to the Information Disclosure Tribunal mutatis mutandis.
Chapter 7
penalty
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Section 40. Any person who fails to comply with the order of the Committee issued under section 32 shall be liable to imprisonment.
not more than three months or a fine not exceeding five thousand baht or both
Section 41. Any person who violates or fails to comply with a limitation or condition prescribed by a government official under section
20 shall be liable to imprisonment for a term not exceeding one year. or a fine not exceeding twenty thousand baht or both
transitional chapter
_____________
Section 42. The provisions of Section 7, Section 8 and Section 9 shall not apply to the information of
government officials that occurred before the date this Act came into force
State agencies shall publish the information under paragraph one. or provide the information under the first paragraph.
so that the public can inspect it, as the case may be. in accordance with the rules and procedures prescribed by the Board of Directors.
Section 43 The Rules on National Security B.E. with respect to
government news shall remain in force insofar as they are not contrary to or contrary to this Act. except for the regulations
The Council of Ministers prescribed under section 16 may prescribe otherwise.
Countersigned by the Royal Command
General Chavalit Yongchaiyudh
premier

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Note:- The reason for promulgating this Act is In a democracy, giving
Citizens have a wide opportunity to receive information on various actions. the state is necessary
so that people can express their opinions and exercise their political rights in accordance with reality.
Promotion of government by the people It should be stipulated that people have the right to know information.
government news with an express non-disclosure exception and limited to information that, if disclosed
and will cause damage to the nation or to the important interests of the private sector in order to develop the regime
Democracy will be stable and will result in the people having the opportunity to fully know their rights and duties. to cover
to maintain their own interests as well. In addition, it is appropriate to protect personal rights in the
related to government news at the same time Therefore it is necessary to enact this Act.

