The Official Information Act B.E. 2540 affirms the “rights to know” of the people, which is crucial for democratic society in the 2 aspects of roles as follows:
1. Political:
Democracy is the administration of people by people and for people. To achieve this philosophy, participatory democracy is needed. The fundamental requirement for people to play their roles appropriately is to be informed of the current state of the government so that they will be able to monitor and use their right appropriately, whether in criticizing, expressing their opinions through public hearing, demonstration to indicate their needs, as well as through the use of right in election.
2. Rights Protection
Government officials and state agencies are established to perform as the representatives of the state and the people. In order to facilitate the legitimate operation of the government, government officials and state agencies are authorized with various duties and powers in relation with private sector. Several “rules and regulations” have been issued in governing the state, and “governing orders” are also issued to enforce the law. Therefore, people should know about such rules, regulations, and orders so that they will be able to consider their specific cases, or the effects on themselves and other people, as well as to learn how to protest against such rules, regulations, and orders so that specific protection of rights can be enhanced.
The Act indicates the rights for the individual and the private as follows:
1. The rights to receive advice with regard to the execution of this Act - from 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 Official Information Board and the Information Disclosure Tribunals (section 6).
2. The rights to inspect official information: A person, whether interested in the matter concerned or not, has the rights to inspect or obtain a certified copy of the information under section 9. The extent to which an alien may enjoy the rights under this section shall be provided by the Ministerial Regulation (section 9).
"Alien" means a natural person who is not of Thai nationality and does not have a residence in Thailand, and the following juristic person:
(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),(3) or any other juristic person more than one-half of managers or directors of which are aliens (section 4 ).
3. The rights to request disclosure 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 (section 11).
4. The rights to obtain access to personal information relating to him. The State agency in control of such information shall allow him or his authorized representative to inspect or obtain a copy of the same (section 25 paragraph 1).
5. The rights to take action of a minor, an incompetent person, a person deemed incompetent, or the deceased person who was the subject of the information under section 23 in case the personal information is dispatched to any place which, in consequence thereof, may because known to general members of the public under section 24 allow a State agency disclose personal information in its control to other State agencies or other persons. And section 25 access any part of personal information relating to him or request for the correction and alteration of the information or any part of personal information relating to him is incorrect.
In case where the State official refuse to correct, alter or delete the information pursuant to the request, such person shall have the rights to appeal to the Information Disclosure Tribunal (section 25 paragraph 5).
6. The rights to make a complaint: Any person, who considers that a State 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 wit 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 (section 13).
7. The rights to file an appeal: 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 Official Information Board to the Information Disclosure Tribunal within 15 days as from the date of the receipt of such order (section 18). In case where the State official refuse to correct, alter or delete the information pursuant to the request, such person shall have the rights to lodge a complaint to the Information Disclosure Tribunal within 30 days as form the date of receipt of the notification of the order refusing to correct, alter or delete the same. The appeal shall be submitted through the Board and, in any case, the person who is the subject of the information shall have the rights to require the State official to attach his request to the relevant part of the information.
Source: http://www.oic.go.th/content/citizen.htm
The Official Information Act, B.E. 2540 stipulates that state agencies are responsible for disclosing official information to the public by the 3 following methods:
1. Section 7 of the Act provides that a state agency shall 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) Resolutions of the Council of Ministers, regulations, orders, circulars, Rules, work pattern, policies or interpretations only sofar 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.
2. The arrangement for availability of at least the following official information for inspection of the people (Information Center in conformity with the Official Information Law) Section 9 of the Official Information Act, B.E. 2540, provides that a State agency shall make available at least the official information stipulated in Section 9 for public inspection in accordance with the rules and procedure prescribed by the Board (Notification of the Official Information Board, dated February 24th, 1998, concerning the criteria and methods to arrange for the availability of official information for public inspection). That is, state agencies must establish the places or information center to facilitate public inspection. They also have to prepare the index or list of information with sufficient details to enable the people to search for the information by themselves. In preparing such information for public inspection, the law prescribes that people have the right to request for the copy or copy with certification of authenticity.
The minimum information that the state agencies must compile for public inspection include the following:
(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 (some parts of information are being prepared for the website, thus, the original copy can be found at the Information Center, 4th Floor, Department of Intellectual Property);
(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 service
(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.
3. Disclosure or provision of official information for specific request of the people
Section 11 of the Official Information Act B.E. 2540 stipulates that state agencies have duties to provide information to the public as requested. That is, if any person making a request for any other official information 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. Therefore, such method of information provision is conducted specifically, and it may differ according to the need of each person. This is deemed the specific provision of information to the public. The duty of specific information disclosure or provision is different from the first two methods, in which it is clearly stipulated that what kinds of information will be disclosed in the Government Gazette and will be prepared for public inspection.