Country

Thailand

Thailand

Name of law : Official Information Act
First adopted : 1997

Section Max ScoreScore
Right of Access 6 4
Scope 30 24
Requesting procedures 30 14
Exceptions 30 13
Appeals 30 14
Sanctions 8 2
Promotional measures 16 5
TOTAL 150 76

Introduction:
The biggest weakness of this law is the lack of independence of Thailand's Information Commissioner, which cannot properly play its role due to its connections to the Prime Minister's office. The OIC seems to be doing a reasonably good job at promoting the right to information, but without independence they will never be able to act as an effective oversight body. Another problem with this framework is that many of Thailand's exceptions are overly broad and not harm tested. However, we also note that there has recently been a positive step in this country since the new constitution strongly recognises the right to information. We can only hope that this change is indicative of a broader push towards greater implementation of the right to information.
Right of Access

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1 The legal framework (including jurisprudence) recognises a fundamental right of access to information.Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.2 YES Article 56. A person shall have the right to get access to public information in possession of a State agency, State enterprise or local government organization, unless the disclosure of such information shall affect the security of the State, public safety, interests of other persons which shall be protected or private information as provided by law. Article 57. A person shall have the right to receive information, explanation, and reason from a State agency, State enterprise or local government organization before permission is given for operation of any project or activity which may affect the quality of environment, health, and sanitary conditions, the quality of life or any other material interest concerning him or her or a local community and shall have the right to express his or her opinion on such matters to agencies concerned for consideration in that matters. In undertaking any social, economic, political, and cultural development planning, appropriation of immovable property, city planning, land use zoning, and issuance of regulations which may affect the interests of the people, the State shall thoroughly hold public hearings procedure prior to implementation. Constitution S 56 and 57
2 The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions.No=0, Partially=1, Yes=22 YES Article 56. A person shall have the right to get access to public information in possession of a State agency, State enterprise or local government organization, unless the disclosure of such information shall affect the security of the State, public safety, interests of other persons which shall be protected or private information as provided by law. Article 57. A person shall have the right to receive information, explanation, and reason from a State agency, State enterprise or local government organization before permission is given for operation of any project or activity which may affect the quality of environment, health, and sanitary conditions, the quality of life or any other material interest concerning him or her or a local community and shall have the right to express his or her opinion on such matters to agencies concerned for consideration in that matters. In undertaking any social, economic, political, and cultural development planning, appropriation of immovable property, city planning, land use zoning, and issuance of regulations which may affect the interests of the people, the State shall thoroughly hold public hearings procedure prior to implementation. Constitution S 56 and 57
3 3.1 The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law
3.2 The legal framework emphasises the benefits of the right to information?
3.1(Y/N - max 1 point)
3.2 (Y/N - max 1 point)
2 NO No mentioned




Scope

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4 Everyone (including non-citizens and legal entities) has the right to file requests for information.Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. 2 Partially Section 9. "Subject to section 14 and section 15, a State agen cy shall make available at least the following official information for public inspection in accor dance with the rules and procedure prescribed by th e Board:(...) (8) such other information as determined by t he Board. If any part of the information made available for public inspection under paragraph one is prohi bited from disclosure under section 14 or section 15, it shall be deleted, omitted or effected in such other mann ers whatsoever so as not to disclose such part of the information. A person, whether interested in the matter co ncerned or not, has the right to inspect or obtain a copy or a certified copy of the information under paragraph o ne. In an appropriate case, a State agency may, wit h the approval of the Board, lay down the rules on the collection of fees therefor. For this purpose, regard shall al so be had to the making of concession given to persons with low inco mes, unless otherwise provided by specific law. The extent to which an alien may enjoy the ri ght under this section shall be provided by the Min isterial Regulation." 9(8) The extent that the right extends to “aliens” is determined by the ministers -
5 The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it.Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions.4 Partially Section 4. In this Act: "information" means a material which communic ates matters, facts, data or anything, whether such communication is made by the nature of such materia l itself or through any means whatsoever and whethe r it is arranged in the form of a document, file, report, b ook, diagramme, map, drawing, photograph, film, vis ual or sound recording, or recording by a computer or any other method which can be displayed; "official information" means an information i n 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 super visory organisation, independent agency of the Stat e and such other agency as prescribed in the Ministerial Regulation; "State official" means a person performing of ficial duty for a State agency; "personal information" means an information r elating to all the personal particulars of a person , such as education, financial status, health record, crimina l record or employment record, which contain the na me of such person or contain a numeric reference, code or such other indications identifying that person as finge rprint. tape or diskette in which a person's sound is recorded, or photograph, and shall also include information rela ting 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 T hailand, and the following juristic persons: (1) a company or partnership more than one-ha lf of the capital of which belongs to aliens; provi ded that a certificate of share to bearer shall be deemed to b e held by an alien; (2) an association more than one-half of memb ers 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) o r any other juristic person more than one-half of m anagers or directors of which are aliens. If the juristic person under paragraph one be comes a manager, director, member or owner of the c apital of another juristic person, such manager, director, me mber or owner of the capital shall be deemed an alien S. 4 provides an expansive definition of "information."
6 Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents).Score 1 point for only documents, 1 point for information2 YES Section 4. In this Act: "information" means a material which communic ates matters, facts, data or anything, whether such communication is made by the nature of such materia l itself or through any means whatsoever and whethe r it is arranged in the form of a document, file, report, b ook, diagramme, map, drawing, photograph, film, vis ual or sound recording, or recording by a computer or any other method which can be displayed; "official information" means an information i n 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 super visory organisation, independent agency of the Stat e and such other agency as prescribed in the Ministerial Regulation; "State official" means a person performing of ficial duty for a State agency; "personal information" means an information r elating to all the personal particulars of a person , such as education, financial status, health record, crimina l record or employment record, which contain the na me of such person or contain a numeric reference, code or such other indications identifying that person as finge rprint. tape or diskette in which a person's sound is recorded, or photograph, and shall also include information rela ting 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 T hailand, and the following juristic persons: (1) a company or partnership more than one-ha lf of the capital of which belongs to aliens; provi ded that a certificate of share to bearer shall be deemed to b e held by an alien; (2) an association more than one-half of memb ers 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) o r any other juristic person more than one-half of m anagers or directors of which are aliens. If the juristic person under paragraph one be comes a manager, director, member or owner of the c apital of another juristic person, such manager, director, me mber or owner of the capital shall be deemed an alien
7 The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and adminsitration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above.Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc).8 YES Section 4. In this Act: "information" means a material which communic ates matters, facts, data or anything, whether such communication is made by the nature of such materia l itself or through any means whatsoever and whethe r it is arranged in the form of a document, file, report, b ook, diagramme, map, drawing, photograph, film, vis ual or sound recording, or recording by a computer or any other method which can be displayed; "official information" means an information i n 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 super visory organisation, independent agency of the Stat e and such other agency as prescribed in the Ministerial Regulation; "State official" means a person performing of ficial duty for a State agency; "personal information" means an information r elating to all the personal particulars of a person , such as education, financial status, health record, crimina l record or employment record, which contain the na me of such person or contain a numeric reference, code or such other indications identifying that person as finge rprint. tape or diskette in which a person's sound is recorded, or photograph, and shall also include information rela ting 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 T hailand, and the following juristic persons: (1) a company or partnership more than one-ha lf of the capital of which belongs to aliens; provi ded that a certificate of share to bearer shall be deemed to b e held by an alien; (2) an association more than one-half of memb ers 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) o r any other juristic person more than one-half of m anagers or directors of which are aliens. If the juristic person under paragraph one be comes a manager, director, member or owner of the c apital of another juristic person, such manager, director, me mber or owner of the capital shall be deemed an alien S 4 definition of State Agency includes everything
8 The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government4 YES Section 4. In this Act: "information" means a material which communic ates matters, facts, data or anything, whether such communication is made by the nature of such materia l itself or through any means whatsoever and whethe r it is arranged in the form of a document, file, report, b ook, diagramme, map, drawing, photograph, film, vis ual or sound recording, or recording by a computer or any other method which can be displayed; "official information" means an information i n 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 super visory organisation, independent agency of the Stat e and such other agency as prescribed in the Ministerial Regulation; "State official" means a person performing of ficial duty for a State agency; "personal information" means an information r elating to all the personal particulars of a person , such as education, financial status, health record, crimina l record or employment record, which contain the na me of such person or contain a numeric reference, code or such other indications identifying that person as finge rprint. tape or diskette in which a person's sound is recorded, or photograph, and shall also include information rela ting 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 T hailand, and the following juristic persons: (1) a company or partnership more than one-ha lf of the capital of which belongs to aliens; provi ded that a certificate of share to bearer shall be deemed to b e held by an alien; (2) an association more than one-half of memb ers 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) o r any other juristic person more than one-half of m anagers or directors of which are aliens. If the juristic person under paragraph one be comes a manager, director, member or owner of the c apital of another juristic person, such manager, director, me mber or owner of the capital shall be deemed an alien Section 4: the term “government agencies attached to the Parliament” covers both the House of Representatives and the Senate, and bodies attached to them.
9 The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government4 Partially Section 4. In this Act: "information" means a material which communic ates matters, facts, data or anything, whether such communication is made by the nature of such materia l itself or through any means whatsoever and whethe r it is arranged in the form of a document, file, report, b ook, diagramme, map, drawing, photograph, film, vis ual or sound recording, or recording by a computer or any other method which can be displayed; "official information" means an information i n 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 super visory organisation, independent agency of the Stat e and such other agency as prescribed in the Ministerial Regulation; "State official" means a person performing of ficial duty for a State agency; "personal information" means an information r elating to all the personal particulars of a person , such as education, financial status, health record, crimina l record or employment record, which contain the na me of such person or contain a numeric reference, code or such other indications identifying that person as finge rprint. tape or diskette in which a person's sound is recorded, or photograph, and shall also include information rela ting 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 T hailand, and the following juristic persons: (1) a company or partnership more than one-ha lf of the capital of which belongs to aliens; provi ded that a certificate of share to bearer shall be deemed to b e held by an alien; (2) an association more than one-half of memb ers 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) o r any other juristic person more than one-half of m anagers or directors of which are aliens. If the juristic person under paragraph one be comes a manager, director, member or owner of the c apital of another juristic person, such manager, director, me mber or owner of the capital shall be deemed an alien 4 - The law applies to courts "only in respect of the affairs unassociated with the trial and adjudication of cases"
10 The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). Score 1 point if some, 2 points if all2 YES Section 4. In this Act: "information" means a material which communic ates matters, facts, data or anything, whether such communication is made by the nature of such materia l itself or through any means whatsoever and whethe r it is arranged in the form of a document, file, report, b ook, diagramme, map, drawing, photograph, film, vis ual or sound recording, or recording by a computer or any other method which can be displayed; "official information" means an information i n 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 super visory organisation, independent agency of the Stat e and such other agency as prescribed in the Ministerial Regulation; "State official" means a person performing of ficial duty for a State agency; "personal information" means an information r elating to all the personal particulars of a person , such as education, financial status, health record, crimina l record or employment record, which contain the na me of such person or contain a numeric reference, code or such other indications identifying that person as finge rprint. tape or diskette in which a person's sound is recorded, or photograph, and shall also include information rela ting 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 T hailand, and the following juristic persons: (1) a company or partnership more than one-ha lf of the capital of which belongs to aliens; provi ded that a certificate of share to bearer shall be deemed to b e held by an alien; (2) an association more than one-half of memb ers 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) o r any other juristic person more than one-half of m anagers or directors of which are aliens. If the juristic person under paragraph one be comes a manager, director, member or owner of the c apital of another juristic person, such manager, director, me mber or owner of the capital shall be deemed an alien 4 - State enterprises are specifically listed
11 The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). Score 1 point if some bodies, 2 points if all2 YES Section 4. In this Act: "information" means a material which communic ates matters, facts, data or anything, whether such communication is made by the nature of such materia l itself or through any means whatsoever and whethe r it is arranged in the form of a document, file, report, b ook, diagramme, map, drawing, photograph, film, vis ual or sound recording, or recording by a computer or any other method which can be displayed; "official information" means an information i n 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 super visory organisation, independent agency of the Stat e and such other agency as prescribed in the Ministerial Regulation; "State official" means a person performing of ficial duty for a State agency; "personal information" means an information r elating to all the personal particulars of a person , such as education, financial status, health record, crimina l record or employment record, which contain the na me of such person or contain a numeric reference, code or such other indications identifying that person as finge rprint. tape or diskette in which a person's sound is recorded, or photograph, and shall also include information rela ting 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 T hailand, and the following juristic persons: (1) a company or partnership more than one-ha lf of the capital of which belongs to aliens; provi ded that a certificate of share to bearer shall be deemed to b e held by an alien; (2) an association more than one-half of memb ers 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) o r any other juristic person more than one-half of m anagers or directors of which are aliens. If the juristic person under paragraph one be comes a manager, director, member or owner of the c apital of another juristic person, such manager, director, me mber or owner of the capital shall be deemed an alien 4- The law also applies to "professional supervisory organisations" and "independent agency of the State"
12 The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. 1 point for public functions, 1 point for public funding 2 NO No mentioned

Requesting Procedures

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13 Requesters are not required to provide reasons for their requests.Y/N answer 0 or 2 points2 YES Section 11. If any person making a request for any official in formation other than the official information already published in the Government Gazette or alre ady made available for public inspection or already made available for public studies under section 26 and s uch request makes a reasonably apprehensible mentio n 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 re quest for an extension of the period for its provision or may pr ovide copies thereof in any such condition as to av oid damage thereto. The official information provided by the Stat e agency under paragraph one must be the informatio n already subsisting in the condition ready for distribution without requiring new preparation, analysis, classi fication, compilation or creation, unless it is the case of t ransformation into a document from the information recorded in the visual or sound recording system, computer system o r any other system as determined by the Board. If t he State agency is of the opinion that the request is not fo r the benefit of trade and is necessary for the pro tection of the rights and liberties of such person or is beneficial to th e public, the State agency may provide such informa tion. The provisions of paragraph three shall not p revent 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 suc h State agency. The provisions of section 9 paragraph two, pa ragraph three and paragraph four shall apply mutati s mutandis to the provision of the information under this section. Section 11 of the OIA. The website of Official Information Commission (OIC) provides a request form, which clearly says that requesters need to provide no reason for their requests
14 Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery).Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc.2 YES Section 11. If any person making a request for any official in formation other than the official information already published in the Government Gazette or alre ady made available for public inspection or already made available for public studies under section 26 and s uch request makes a reasonably apprehensible mentio n 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 re quest for an extension of the period for its provision or may pr ovide copies thereof in any such condition as to av oid damage thereto. The official information provided by the Stat e agency under paragraph one must be the informatio n already subsisting in the condition ready for distribution without requiring new preparation, analysis, classi fication, compilation or creation, unless it is the case of t ransformation into a document from the information recorded in the visual or sound recording system, computer system o r any other system as determined by the Board. If t he State agency is of the opinion that the request is not fo r the benefit of trade and is necessary for the pro tection of the rights and liberties of such person or is beneficial to th e public, the State agency may provide such informa tion. The provisions of paragraph three shall not p revent 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 suc h State agency. The provisions of section 9 paragraph two, pa ragraph three and paragraph four shall apply mutati s mutandis to the provision of the information under this section. Section 11 of the OIA.
15 There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law.Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. 2 YES Section 11. If any person making a request for any official in formation other than the official information already published in the Government Gazette or alre ady made available for public inspection or already made available for public studies under section 26 and s uch request makes a reasonably apprehensible mentio n 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 re quest for an extension of the period for its provision or may pr ovide copies thereof in any such condition as to av oid damage thereto. The official information provided by the Stat e agency under paragraph one must be the informatio n already subsisting in the condition ready for distribution without requiring new preparation, analysis, classi fication, compilation or creation, unless it is the case of t ransformation into a document from the information recorded in the visual or sound recording system, computer system o r any other system as determined by the Board. If t he State agency is of the opinion that the request is not fo r the benefit of trade and is necessary for the pro tection of the rights and liberties of such person or is beneficial to th e public, the State agency may provide such informa tion. The provisions of paragraph three shall not p revent 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 suc h State agency. The provisions of section 9 paragraph two, pa ragraph three and paragraph four shall apply mutati s mutandis to the provision of the information under this section. Section 11 of the OIA. The form provided on the OIC website is not really an official form, but rather a form that helps requesters to file their requests.
16 Public officials are required provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. Score 1 point for help in formulation and 1 point for clarification procedures2 NO No mentioned
17     Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled.Score Yes=2 point, No=02 NO No mentioned
18 Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working daysScore 1 point for receipt, 1 point for max 5 working days2 NO No mentioned
19 Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held.Score: 1 point for information not held, 1 for referrals or 2 for transfers2 YES Section 12. In the case where a person makes a request for offi cial information under section 11, the State agency receiving the request shall, notwithstanding that the requested information is in the control o f the central office or a branch office of such agency or in cont rol of other State agency, give advice for the purp ose of submitting the request to the State agency exercisi ng the control of such information without delay. If the State agency receiving the reques t is of the opinion that information for which the reque st is made is the information prepared by another State agency and pr ohibited from disclosure in accordance with Rule is sued under section 16, it shall remit such request to the Stat e agency preparing such information for further con sidering and making an orde
20 Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record).Score: 2 points for Yes, only 1 point if some limitations2 NO No mentioned
21 Public authorities are required to respond to requests as soon as possible.Score: No=0, Yes=2 points 2 NO 11 - "Within a reasonable period of time.". Otherwise the law is silent on timelines.
22 There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication).Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less.2 YES A cabinet resolution in 28 December 2004 issued in relating to the OIA requires government agencies to respond to requests “speedily” or within the day of the request. In case the request deals with a great volume of information, officials are required to respond within 15 days. If they cannot respond in 15 days, they must provide reasons and set a date when they can provide the requested information.
23 There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension.---2 NO There is a requirement for notice and an explanation, but no limit as to how many times this can be done or the time period of the extension, so I don't feel it's worthy of any points.
24 It is free to file requests.Score: No=0, Yes=2 points2 YES Section 9. Subject to section 14 and section 15, a State agen cy shall make available at least the following official information for public inspection in accor dance with the rules and procedure prescribed by th e Board: (1) a result of consideration or a decision w hich has a direct effect on a private individual in cluding 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 pub lication in the Government Gazette under section 7 (4); (3) a work-plan, project and annual expenditu re estimate of the year of its preparation; (4) a manual or order relating to work proced ure of State officials which affects the rights and duties of private individuals; (5) the published material to which a referen ce is made under section 7 paragraph two; (6) a concession contract, agreement of a mon opolistic 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 Ministe rs; provided that the titles of the technical repor ts, fact reports or information relied on in such consideration shall a lso be specified; (8) such other information as determined by t he Board. If any part of the information made available for public inspection under paragraph one is prohi bited from disclosure under section 14 or section 15, it shall be deleted, omitted or effected in such other mann ers whatsoever so as not to disclose such part of the information. A person, whether interested in the matter co ncerned or not, has the right to inspect or obtain a copy or a certified copy of the information under paragraph o ne. In an appropriate case, a State agency may, wit h the approval of the Board, lay down the rules on the collection of fees therefor. For this purpose, regard shall al so be had to the making of concession given to persons with low inco mes, unless otherwise provided by specific law. The extent to which an alien may enjoy the ri ght under this section shall be provided by the Min isterial Regulation. 9 - Section 9 mentions that fees may be charged to inspect documents, but requesting is free.
25 There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and a certain initial number of pages (at least 20) are provided for free. Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional2 Partially An announcement issued by the OIC on 7 May 1999 sets the fee rate for copying documents and for certifying the documents. Any state agency which wants to charge different rates for the photocopying or duplication fee for other media needs approval from the OIC. The announcement does not provide for free of charge for the first 20 pages.
26   There are fee waivers for impecunious requesters ---2 Partially The 7 May 1999 announcement leaves it to the discretion of state agencies to waive or cut fee for impecunious requesters.
27 There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. Score: No=0, Yes=2 points2 YES Section 20. "In disclosing any information the disclosure of whi ch may constitute liability under any law, the State official shall be deemed to he exempt from su ch liability if he acts in good faith in the follow ing circumstances: (...) (2) in respect of the information under secti on 15, where the State official of the level specif ied in the Ministerial Regulation issues an order for a general disclosure or a specific disclosure to any person for securin g a benefit of greater importance which relates to public interest , life, body, health or other benefit of a person a nd such order is reasonable; for this purpose, a restriction or cond ition may be imposed on the use of such information as appropriate. The disclosure of the information under parag raph one does not constitute a ground for exempting the State agency from liability under the law, if any in such case." Section 41. Any person who violates or fails to comply with the restriction or condition imposed by the State official under section 20 shall be liable to impris onment for a term not exceeding one year or to a fi ne not exceeding twenty thousand Baht or to both. 20(2) allows for restrictions on reuse of information disclosed in the public interest. See also 41.


Exceptions

Indicator

Description

Scoring instructions
MAX score
Findings

Points

Article

Comments
28 The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict.Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. 4 NO 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, ha ving regard to the performance of duties of the Sta te agency under the law, public interests and the interests of the private individuals concerned: (1) the disclosure thereof will jeopardise th e national security, international relations, or na tional economic or financial security;(...) (6) an official information protected by law against disclosure or an information given by a per son and intended to be kept undisclosed;(...)"
29 The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. It is also permissible to refer requesters to information which is already publicly available, for example online or in published form.Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed10 Partially 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, ha ving regard to the performance of duties of the Sta te agency under the law, public interests and the interests of the private individuals concerned;(...) (6) an official information protected by law against disclosure or an information given by a per son and intended to be kept undisclosed; (7) other cases as prescribed in the Royal De cree. An order prohibiting the disclosure of offici al information may be issued subject to any conditi on 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 i nformation is the exclusive discretion of State off icials in consecutive levels of command; provided that, a per son who makes a request for the information may app eal to the Information Disclosure Tribunal as provided in this Act." Section 11. "If any person making a request for any official in formation other than the official information already published in the Government Gazette or alre ady made available for public inspection or already made available for public studies under section 26 and s uch request makes a reasonably apprehensible mentio n 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.(...)" Section 15 (6) deduct 1 for information that may harm the royal institution, 1 for official information which the provider do not wish state officials to disclose to others. Section 15 (7) deduct 1 for other cases stipulated in a royal decree, one for 11(1) which allows requests to be rejected if they are for an excessive amount of information
30 A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. Score 4 points and then deduct 1 point for each exception which is not subject to the harm test 4 Partially 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, ha ving regard to the performance of duties of the Sta te agency under the law, public interests and the interests of the private individuals concerned: (1) the disclosure thereof will jeopardise th e national security, international relations, or na tional economic or financial security;(...) (3) an opinion or advice given within the Sta te 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;(...)"
31 There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity.Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory.4 Partially Section 20. "In disclosing any information the disclosure of whi ch may constitute liability under any law, the State official shall be deemed to he exempt from su ch liability if he acts in good faith in the follow ing circumstances: (...) (2) in respect of the information under secti on 15, where the State official of the level specif ied in the Ministerial Regulation issues an order for a general disclosure or a specific disclosure to any person for securin g a benefit of greater importance which relates to public interest , life, body, health or other benefit of a person a nd such order is reasonable; for this purpose, a restriction or cond ition may be imposed on the use of such information as appropriate. The disclosure of the information under parag raph one does not constitute a ground for exempting the State agency from liability under the law, if any in such case." 20(2) implies that some information can be disclosed if there is a greater public interest to do so, but this override is discretionary and highly limited.
32 Information must be released as soon as an exception ceases to apply (for example, for after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old.Score 1 point for each2 Partially Section 25. Subject to section 14 and section 15, a person shal l 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 repre sentative to inspect or obtain a copy of the same. and section 9 paragraph two and paragraph three shall apply mutat is mutandis. In the case where there exists a reasonable g round to disclose a medical report relating to any person, State officials may disclose it only to doctors entrusted by such person. A person who considers that any part of perso nal information relating to him is incorrect shall have the right to make a request in writing to the State agency in co ntrol of such information to correct, alter or dele te that part of information. The State agency shall consider the re quest and notify its result to such person without delay. In the case where the State agency fails to c orrect, alter or delete the information pursuant to the request. such person shall have the right to appeal to the Inform ation Disclosure Tribunal within thirty days as fro m the da!e of the receipt of the notification of the order refusing t o correct, alter or delete the same. The appeal sha ll be submitted through the Board and, in any case, the person who is the subject of the information shall have the ri ght to require the State official to attach his request to the rel evant part of the information. Such persons as specified in the Ministerial Regulation shall have the right to take action unde r section 23, section 24 and this section on behalf of a minor, a n incompetent person, a quasi-incompetent person or the deceased person who was the subject of the information. CHAPTER IV Historical information Section 26. A State agency shall deliver official information, which it does not wish to keep or which is kept beyond the period under paragraph two as from the d ate of completing such information, to the National Archives Division, Fine Arts Department or other State agenc ies as specified in the Royal Decree, in order that it is selected for public studies. The period of delivery of the official inform ation under paragraph one shall be classified as fo llows: (1) in respect of official information under section 14, seventy-five years; (2) in respect of official information under section 15, twenty years. The period under paragraph two may be extende d in the following cases: (1) where the State agency still needs to kee p the official information for its own use; provide d that, it shall be kept and made available for public studies as agree d upon with the National Archives Division, Fine Ar ts Department; (2) where State agency is of the opinion that such official information should not yet be disclo sed; provided that, an order extending the period shall be issued for e ach particular case and such order shall also speci fy the length of extension which shall not exceed five years each. The inspection or review of the extension of time in excess of necessity shall be in accordance with the rules and procedure as prescribed in the Ministerial Regulati on. The provisions of this section shall not appl y to official information the destruction of which is required or allowed to be carried out by State agencies or Slat e officials without need to keep it in accordance w ith the Rule prescribed by the Council of Ministers. S. 26 – there is a 20 year time limit for most exceptions, but it can be extended.
33 Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information.Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals.2 Partially Section 17. In the case where a State official is of the opini on that the disclosure of any official information may affect the interests of a person, the State off icial shall notify such person to present an object ion within the specified period; provided that, reasonable time sh all be given for this purpose which shall not be le ss than fifteen days as from the date of the receipt of the notific ation. The person having been notified under paragra ph one or a person knowing that the disclosure of a ny official information may affect his interests has the right to present an objection in writing against such dis closure to the responsible State official. In the case where there is an objection, the responsible State official shall, without delay, co nsider the objection and notify the result thereof to the person present ing it. In the case where an order dismissing the o bjection is made, State officials shall not disclose such information until the period for an appeal under section 18 ha s elapsed or until the Information Disclosure Tribunal has made a deci sion permitting the disclosure of such information, as the case may be S. 17 contains a clear procedure with a timeframe, but no expedited appeal provision.
34 There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted2 NO Not mentioned
35 When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures.Score Y/N: 1 point for a and 1 point for b2 Partially 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, ha ving regard to the performance of duties of the Sta te agency under the law, public interests and the interests of the private individuals concerned: (1) the disclosure thereof will jeopardise th e national security, international relations, or na tional economic or financial security; (2) the disclosure thereof will result in the decline in the efficiency of law enforcement or fa ilure to achieve its objectives, whether or not it is related to litigat ion, protection, suppression, verification, inspect ion, or knowledge of the source of the information; (3) an opinion or advice given within the Sta te 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 per son and intended to be kept undisclosed; (7) other cases as prescribed in the Royal De cree. An order prohibiting the disclosure of offici al information may be issued subject to any conditi on 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 i nformation is the exclusive discretion of State off icials in consecutive levels of command; provided that, a per son who makes a request for the information may app eal to the Information Disclosure Tribunal as provided in this Act. S. 15 requires they state the reason.


Appeals

Indicator

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Scoring instructions
MAX score
Findings

Points

Article

Comments
36 The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less).Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals.2 NO No internal appeal available.
37 Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). 1 for partial, 2 for yes2 Partially Section 28. The Board shall have the powers and duties as foll ows: (1) to supervise and give advice with regard to the performance of duties of State officials and State agencies for the implementation of this Act; (2) to give advice to State officials or Stat e agencies with regard to the implementation of thi s Act as requested; (3) to give recommendations on the enactment of the Royal Decrees and the issuance of the Minist erial Regulations or the Rules of the Council of Minister s under this Act; (4) to consider and give opinions on the comp laints under section 13; (5) to submit a report on the implementation of this Act to the Council of Ministers from time t o time as appropriate but at least once a year; (6) to perform other duties provided in this Act; (7) to carry out other acts as entrusted by the Council of Ministers or the Prime Ministe S 28 - Right of appeal exists, but the body is not independent.
38 The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so they are protected against arbitrary dismissal (procedurally/substantively) once appointed.Score: 1 point for appointment procedure, 1 point for security of tenure2 NO 27 and 30 - OIC is completely political and subject to dismissal. Members of the OIC are either government officials or persons appointed by the cabinet.
39 The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence.Score 1 point for reports to parliament, 1 point for budget approved by parliament2 NO Section 28. The Board shall have the powers and duties as foll ows: (1) to supervise and give advice with regard to the performance of duties of State officials and State agencies for the implementation of this Act; (2) to give advice to State officials or Stat e agencies with regard to the implementation of thi s Act as requested; (3) to give recommendations on the enactment of the Royal Decrees and the issuance of the Minist erial Regulations or the Rules of the Council of Minister s under this Act; (4) to consider and give opinions on the comp laints under section 13; (5) to submit a report on the implementation of this Act to the Council of Ministers from time t o time as appropriate but at least once a year; (6) to perform other duties provided in this Act; (7) to carry out other acts as entrusted by the Council of Ministers or the Prime Ministe 28 - The Board reports to the Council of Ministers - no mention of its finances
40 There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise.Score 1 point for not politically connected, 1 point for professional expertise2 NO No mentioned
41 The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies.Score 1 point for reviewing classified documents, 1 point for inspection powers2 YES Section 13. Any person, who considers that a S tate agency fail s to publish the information under section 7, fails to make the information available for public inspec tion 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 co nsiders that he does not receive convenience without reasonable cau se, 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 und er 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 wit h the Board under paragraph one, the Board shall co mplete the consideration thereof within thirty days as from th e date of the receipt of the complaint. In case of necessity, such period may be extended; provided that, the reason t herefor is specified and the total period shall not exceed sixty days. 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 objectio n of the interested person under section 17, such p erson may appeal through the Board to the Information Disclos ure Tribunal within fifteen days as from the date o f the receipt of such order. 32 and 33 - The law sets up both an Information Disclosure Tribunal and an Official Information Board. The OIA sets up the OIC as the oversight body to make sure state agencies complying with the law while the Information Disclosure Tribunals, set up in accordance with specialized fields of information, are empowered to make decisions on appeals against refusals to disclose information (Section 18). Appeals against non-compliance with the law (Section 13) can be lodged directly with the OIC, while appeals against non-disclosure (Section 18) are also filed through the OIC, which will then channel them to the different tribunals. The Board can summon persons or review documents.
42 The decisions of the independent oversight body are binding. Score N=0, Y=2 points2 NO Decisions of the OIC and tribunals are not binding as this is not stipulated in the law. Furthermore, one can still file cases against their decisions with the Administrative Court.
43 In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. 1 for partial, 2 for fully2 Partially Section 28. The Board shall have the powers and duties as foll ows: (1) to supervise and give advice with regard to the performance of duties of State officials and State agencies for the implementation of this Act; (2) to give advice to State officials or Stat e agencies with regard to the implementation of thi s Act as requested; (3) to give recommendations on the enactment of the Royal Decrees and the issuance of the Minist erial Regulations or the Rules of the Council of Minister s under this Act; (4) to consider and give opinions on the comp laints under section 13; (5) to submit a report on the implementation of this Act to the Council of Ministers from time t o time as appropriate but at least once a year; (6) to perform other duties provided in this Act; (7) to carry out other acts as entrusted by the Council of Ministers or the Prime Minister. The OIC has broad power under Section 28, but I do not think it has the power to the extent to declassify information. The tribunals, which also play a key role in making decisions on appeals, have lesser authority.
44 Requesters have the right to lodge a judicial appeal.1 for partially, 2 for fully.2 YES Expert - Despite of no mentioning in the OIA, it is a well-known fact that one can always lodge an appeal with the Administrative Court against decisions of any administrative bodies, which include the OIC and the tribunals.
45 Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance.1 for free, 1 for no lawyer required. 2 YES Section 13. Any person, who considers that a S tate agency fail s to publish the information under section 7, fails to make the information available for public inspec tion 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 co nsiders that he does not receive convenience without reasonable cau se, 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 und er 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 wit h the Board under paragraph one, the Board shall co mplete the consideration thereof within thirty days as from th e date of the receipt of the complaint. In case of necessity, such period may be extended; provided that, the reason t herefor is specified and the total period shall not exceed sixty days. 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 objectio n of the interested person under section 17, such p erson may appeal through the Board to the Information Disclos ure Tribunal within fifteen days as from the date o f the receipt of such order. S 13 and 18, plus expert's info - appeals are free and no lawyer is required.
46 The grounds for appeal to the oversight body (where applicable, or to the judiciary if no such body exists) are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.).Score 1 point for appealing refusals, additional points for appealing other violations.4 Partially Section 13. Any person, who considers that a S tate agency fail s to publish the information under section 7, fails to make the information available for public inspec tion 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 co nsiders that he does not receive convenience without reasonable cau se, 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 und er 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 wit h the Board under paragraph one, the Board shall co mplete the consideration thereof within thirty days as from th e date of the receipt of the complaint. In case of necessity, such period may be extended; provided that, the reason t herefor is specified and the total period shall not exceed sixty days. 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 objectio n of the interested person under section 17, such p erson may appeal through the Board to the Information Disclos ure Tribunal within fifteen days as from the date o f the receipt of such order. Section 35. There shall be Information Disclosure Tribunals in appropriate fields, which are appointed by the Council of Ministers upon the recommendation of the Board, having the power and duty to consider and d ecide an appeal against an order prohibiting the disclosure of information under section 14 or section 15, orde r dismissing an objection under section 17 and order refusing the c orrection, alteration or deletion of personal infor mation under section 25. The appointment of Information Disclosure Tri bunals under paragraph one shall be made on the bas is of the specialized fields of the official information, suc h as the fields of national security, national econ omy and finance or law enforcement. 13, 18 and 35 read together give a right of appeal - either to the Board or the Tribunal - for everything so I believe full points are warranted here.
47 Clear procedures, including timelines, are in place for dealing with external appeals (oversight/judicial).Score 1 point for clear procedures, 1 point for timelines. 2 Partially Section 13. Any person, who considers that a S tate agency fail s to publish the information under section 7, fails to make the information available for public inspec tion 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 co nsiders that he does not receive convenience without reasonable cau se, 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 und er 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 wit h the Board under paragraph one, the Board shall co mplete the consideration thereof within thirty days as from th e date of the receipt of the complaint. In case of necessity, such period may be extended; provided that, the reason t herefor is specified and the total period shall not exceed sixty days. Section 13 provides timelines but no procedures for appeals.
48 In the appeal process (oversight/judicial/) the government bears the burden of demonstrating that it did not operate in breach of the rules.Score Y/N and award 2 points for yes. 2 NO No mentioned
49 The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better record management)1 for partial, 2 for fully. 2 Partially Section 28. The Board shall have the powers and duties as foll ows: (1) to supervise and give advice with regard to the performance of duties of State officials and State agencies for the implementation of this Act; (2) to give advice to State officials or Stat e agencies with regard to the implementation of thi s Act as requested; (3) to give recommendations on the enactment of the Royal Decrees and the issuance of the Minist erial Regulations or the Rules of the Council of Minister s under this Act; (4) to consider and give opinions on the comp laints under section 13; (5) to submit a report on the implementation of this Act to the Council of Ministers from time t o time as appropriate but at least once a year; (6) to perform other duties provided in this Act; (7) to carry out other acts as entrusted by the Council of Ministers or the Prime Ministe 28 - The Board has the power to advise, but not to impose orders


Sanctions & Proteccions

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MAX score
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Article

Comments
50 Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information.Score 1 point for sanctions for underming right, 1 point for destruction of documents 2 Partially Section 40. Any person who fails to comply with an order of th e Board issued under section 32 shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding five thousand Baht or to both 40 - Sanctions exist for disobeying orders of the Board, but not specifically for destroying documents or undermining RTI.
51 There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them).Score 1 point for either remedial action or sanctions, 2 points for both 2 NO Section 13. Any person, who considers that a S tate agency fail s to publish the information under section 7, fails to make the information available for public inspec tion 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 co nsiders that he does not receive convenience without reasonable cau se, 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 und er 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 wit h the Board under paragraph one, the Board shall co mplete the consideration thereof within thirty days as from th e date of the receipt of the complaint. In case of necessity, such period may be extended; provided that, the reason t herefor is specified and the total period shall not exceed sixty days. 13 It is possible to complain to the board, but the process for this is vague.
52 The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law.Score 1 for oversight body, 1 for immunity for others2 Partially Section 20. In disclosing any information the disclosure of whi ch may constitute liability under any law, the State official shall be deemed to he exempt from su ch liability if he acts in good faith in the follow ing circumstances: (1) in respect of the information under secti on 15, where the State official duly proceeds in ac cordance with the Rule issued under section 16; (2) in respect of the information under secti on 15, where the State official of the level specif ied in the Ministerial Regulation issues an order for a general disclosure or a specific disclosure to any person for securin g a benefit of greater importance which relates to public interest , life, body, health or other benefit of a person a nd such order is reasonable; for this purpose, a restriction or cond ition may be imposed on the use of such information as appropriate. The disclosure of the information under parag raph one does not constitute a ground for exempting the State agency from liability under the law, if any in such case. S. 20 – but doesn’t apply to all exceptions.
53 There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers).Score 2 for strong protections, 1 for moderate protections2 NO No mentioned


Promotional measures

Indicator

Description

Scoring instructions
MAX score
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Article

Comments
54 Public authorities are required to appoint dedicated officials (information officers) or units with a responsibility for ensuring that they comply with their information disclosure obligations.Score Y/N, Y=2 points2 NO No mentioned
55 A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. Score Y/N, Y=2 points2 Partially Section 28. The Board shall have the powers and duties as foll ows: (1) to supervise and give advice with regard to the performance of duties of State officials and State agencies for the implementation of this Act; (2) to give advice to State officials or Stat e agencies with regard to the implementation of thi s Act as requested; (3) to give recommendations on the enactment of the Royal Decrees and the issuance of the Minist erial Regulations or the Rules of the Council of Minister s under this Act; (4) to consider and give opinions on the comp laints under section 13; (5) to submit a report on the implementation of this Act to the Council of Ministers from time t o time as appropriate but at least once a year; (6) to perform other duties provided in this Act; (7) to carry out other acts as entrusted by the Council of Ministers or the Prime Ministe 28 - The Official Information Board plays this role to some extent.
56 Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. Score Y/N, Y=2 points2 NO Not in the law, and OIC performance in this area has been lacklustre.
57 A system is in place whereby minimum standards regarding the management of records are set and applied. Score Y/N, Y=2 points2 NO Not in the law.
58 Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. Score Y/N, Y=2 points2 NO Not in the law.
59 Training programs for officials are required Score Y/N, Y=2 points2 NO Not required in the law and, although training were at one point being conducted, they have since been discontinued.
60 Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. Score Y/N, Y=2 points2 YES Cabinet resolutions issued on 5 September 2000 and 21 January 2003 require state agencies to report to the OIC annually on their compliance with the OIA.
61 A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. Score Y/N, Y=2 points2 YES Section 28. The Board shall have the powers and duties as foll ows: (1) to supervise and give advice with regard to the performance of duties of State officials and State agencies for the implementation of this Act; (2) to give advice to State officials or Stat e agencies with regard to the implementation of thi s Act as requested; (3) to give recommendations on the enactment of the Royal Decrees and the issuance of the Minist erial Regulations or the Rules of the Council of Minister s under this Act; (4) to consider and give opinions on the comp laints under section 13; (5) to submit a report on the implementation of this Act to the Council of Ministers from time t o time as appropriate but at least once a year; (6) to perform other duties provided in this Act; (7) to carry out other acts as entrusted by the Council of Ministers or the Prime Minister.