CHAPTER I
Information Disclosure
Section 7. A State agency shall at least publish the following official information in the Government Gazette:
(1) the structure and organisation of its operation;
(2) the summary of important powers and duties and operational methods;
(3) a contacting address for the purpose of contacting the State agency in order to request and obtain information or advice;
(4) by- laws, resolutions of the Council of Ministers, regulations, orders, circulars, Rules, work pattern, policies or interpretations only insofar as they are made or issued to have the same force as by-laws and intended to be of general application to private individuals concerned;
(5) such other information as determined by the Board.
If any information which has already been published for dissemination in sufficient number is published in the Government Gazette by making reference to such prior published material, it shall be deemed to comply with the provisions of paragraph one.
A State agency shall, for dissemination purpose, compile and make available the information under paragraph one for sale, disposal or distribution at its office as it thinks fit.
Section 8. If the information which must be published under section 7 (4) has not yet been published in the Government Gazette, may not be relied on in a manner unfavourable to any person unless such person has had actual knowledge thereof for a reasonable period of time.
Section 9. Subject to section 14 and section 15, a State agency shall make available at least the following official information for public inspection in accordance with the rules and procedure prescribed by the Board:
(1) a result of consideration or a decision which has a direct effect on a private individual including a dissenting opinion and an order relating thereto;
(2) a policy or an interpretation which does not fall within the scope of the requirement of publication in the Government Gazette under section 7 (4);
(3) a work-plan, project and annual expenditure estimate of the year of its preparation;
(4) a manual or order relating to work procedure of State officials which affects the rights and duties of private individuals;
(5) the published material to which a reference is made under section 7 paragraph two;
(6) a concession contract, agreement of a monopolistic nature or joint venture agreement with a private individual for the provision of public services;
(7) a resolution of the Council of Ministers or of such Board, Tribunal, Commission or Committee as established by law or by a resolution of the Council of Ministers; provided that the titles of the technical reports, fact reports or information relied on in such consideration shall also be specified;
(8) such other information as determined by the Board.
If any part of the information made available for public inspection under paragraph one is prohibited from disclosure under section 14 or section 15, it shall be deleted, omitted or effected in such other manners whatsoever so as not to disclose such part of the information.
A person, whether interested in the matter concerned or not, has the right to inspect or obtain a copy or a certified copy of the information under paragraph one. In an appropriate case, a State agency may, with the approval of the Board, lay down the rules on the collection of fees therefor. For this purpose, regard shall also be had to the making of concession given to persons with low incomes, unless otherwise provided by specific law.
The extent to which an alien may enjoy the right under this section shall be provided by the Ministerial Regulation.
Section 10. The provisions of section 7 and section 9 do not affect official information which is required by specific law to be disseminated or disclosed by other means.
Section 11. If any person making a request for any official 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, 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 request for an extension of the period for its provision or may provide copies thereof in any such condition as to avoid damage thereto.
The official information provided by the State agency under paragraph one must be the information already subsisting in the condition ready for distribution without requiring new preparation, analysis, classification, compilation or creation, unless it is the case of transformation into a document from the information recorded in the visual or sound recording system, computer system or any other system as determined by the Board. If the State agency is of the opinion that the request is not for the benefit of trade and is necessary for the protection of the rights and liberties of such person or is beneficial to the public, the State agency may provide such information.
The provisions of paragraph three shall not prevent 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 such State agency.
The provisions of section 9 paragraph two, paragraph three and paragraph four shall apply mutatis mutandis to the provision of the information under this section.
Section 12.In the case where a person makes a request for official information under section 11, the State agency receiving the request shall, notwithstanding that the requested information is in the control of the central office or a branch office of such agency or in control of other State agency, give advice for the purpose of submitting the request to the State agency exercising the control of such information without delay.
If the State agency receiving the reques t is of the opinion that information for which the request is made is the information prepared by another State agency and prohibited from disclosure in accordance with Rule issued under section 16, it shall remit such request to the State agency preparing such information for further considering and making an order.
Section 13. Any person, who considers that a S tate 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 with 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.
In the case where the complaint is lodged with the Board under paragraph one, the Board shall complete the consideration thereof within thirty days as from the date of the receipt of the complaint. In case of necessity, such period may be extended; provided that, the reason therefor is specified and the total period shall not exceed sixty days.
