BHUMIBOL ADULYADEJ, REX.
Given on the 2nd Day of September B.E. 2540;
Being the 52nd Year of the Present Reign.
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:
Whereas it is expedient to have the law on official information; Be it, therefore, enacted by the King, by and with the advice and consent of the National Assembly, as follows:
Section 1. This Act is called the "Official Information Act, B.E. 2540 (1997)."
Section 2. This Act shall come into force after ninety days from the date of its publication in the Government Gazette.
Section 3. All other laws, by-laws, Rules and regulations, insofar as they deal with matters provided herein or are contrary hereto or inconsistent herewith, shall be replaced by this Act.
Section 4. In this Act:
"information" means a material which communicates matters, facts, data or anything, whether such communication is made by the nature of such material itself or through any means whatsoever and whether it is arranged in the form of a document, file, report, book, diagramme, map, drawing, photograph, film, visual or sound recording, or recording by a computer or any other method which can be displayed;
"official information" means an information in possession or control of a State agency, whether it is the information relating to the operation of the State or the information relating to a private individual;
"State agency" means a central administration, provincial administration. local administration, State enterprise, Government agency attached to the National Assembly, Court only in respect of the affairs unassociated with the trial and adjudication of cases, professional supervisory organisation, independent agency of the State and such other agency as prescribed in the Ministerial Regulation;
"State official" means a person performing official duty for a State agency;
"personal information" means an information relating to all the personal particulars of a person, such as education, financial status, health record, criminal record or employment record, which contain the name of such person or contain a numeric reference, code or such other indications identifying that person as fingerprint. tape or diskette in which a person's sound is recorded, or photograph, and shall also include information relating to personal particulars of the deceased;
"Board" means the Official Information Board;
"alien" means a natural person who is not of Thai nationality and does not have a residence in Thailand, and the following juristic persons:
(1) a company or partnership more than one-half of the capital of which belongs to aliens; provided that a certificate of share to bearer shall be deemed to be held by an alien;
(2) an association more than one-half of members of which are aliens;
(3) an association or foundation the objects of which are for the benefit of aliens;
(4) a juristic person under (1), (2) or (3) or any other juristic person more than one-half of managers or directors of which are aliens.
If the juristic person under paragraph one becomes a manager, director, member or owner of the capital of another juristic person, such manager, director, member or owner of the capital shall be deemed an alien.
Section 5. The Prime Minister shall have charge and control of the execution of this Act and shall have the power to issue Ministerial Regulations for the execution of this Act. Such Ministerial Regulation shall come into force upon its publication in the Government Gazette.
Section 6. There shall be established the Office of the Official Information Board in the Office of the Permanent Secretary for the Office of the Prime Minister which shall have the duty to perform technical and administrative works for the Board and the Information Disclosure Tribunals, co-ordinate with State agencies and give advice to private individuals with regard to the execution of this Act.
CHAPTER I CHAPTER II CHAPTER III CHAPTER IV CHAPTER V CHAPTER VI CHAPTER VIIPenalties
Section 40. Any person who fails to comply with an order of the 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.
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 imprisonment for a term not exceeding one year or to a fine not exceeding twenty thousand Baht or to both.
Transitory Provisions
Section 42. The provisions of section 7, section 8 and section 9 shall not apply to official information having been in existence before the date this Act comes into force.
A State agency shall publish the information under paragraph one or make it available for public inspection, as the case may be, in accordance with the rules and procedure prescribed by the Board.
Section 43. The Rule on the National Security Protection, B.E. 2517 (1974), insofar as it deals with the official information, shall continue to be in force to such an extent as not contrary to or inconsistent with this Act, unless otherwise provided in the Rule prescribed by the Council of Ministers under section 16.
