Steps to be taken in compliance with the Official Information law

 

The Disclosure of Official Information under the Official Information Act B.E. 2540
     The Official Information Act prescribes that the relevant government agency shall have to disclose official information to the public in 3 formats or through 3 means as follows:


1. Publications of the official information as required by laws in the Royal Gazette
   Section 7 of the Official Information Act B.E. 2540 provides that government agencies shall have to submit official information as prescribed in Section 7 for publication in the Royal Gazette. Official information includes:
    1.1 Structure and Organization Arrangement (Additional details);
    1.2 Summary of main duties and functions and operating procedures of such government agency (Additional details);

    1.3 Contact address so that public can send request for (i) information or (ii) advice from the of the government agency (Additional

details);

    1.4 Ordinances, cabinet’s resolutions, regulations, orders or circulation letters, plans, policies or any interpretations, provided that any such specific rules are of the nature that have effect towards relevant private sectors; or
    1.5 Any information as prescribed by the Official Information Commission.


2. The provisions of official information as required by law for general public to inspect (Information Centre as required by the official information law).
    Section 9 of the Official Information Act B.E. 2540 prescribes that the government agencies shall have to make available any official information as required under Section 9 for public’ s inspection pursuant to the guidelines and procedures prescribed by the Official Information Commission. (Announcement of the Official Information Commission dated 24th February, 1998, Re: Guidelines and procedures in relation to the provisions of official information to be made available for public’s inspection) provides that there shall make available a place or information centre for public’s inspection of such information. Index of list of information shall have to be made in order to enable public to conveniently conduct inspection on their own, etc. In this connection, the law also provides that right for those public to make copies or require the certified copies of such information. Information that public can carry out public inspection include at least:
    2.1 a result of consideration or a decision which has a direct effect on a private individual including a dissenting opinion and an orderrelating thereto (with additional details);

    2.2 a policy or an interpretation which does not fall within the scope of the requirement of publication in the Royal Gazette (with additional details);

    2.3 a work-plan, project and annual expenditure estimate of the year of its preparation;

    2.4 a manual or order relating to work procedure of State officials which affects the rights and duties of private individuals (with additional details);

    2.5 the published material to which a reference is made under the Royal Gazette;

    2.6 a concession contract, agreement of a monopolistic nature or joint venture agreement with a private individual for the provision of public services;

    2.7 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 (with additional details); or

    2.8 such other information as determined by the Official Information Commission.

3. Disclosure of any official information or the procurement of such official information to a specific person  

   Section 11 of the Official Information Act B.E. 2540 provides that the responsible State agency shall provide such official information to such person requesting for such information. Provided that, in practice, if any person makes such request with a reasonably apprehensible mention of the intended information, the responsible State agency shall provide it to such person within a reasonable period of time. It can be concluded that the format to make available of such information is the format to be made available to a specific person depending on an individual’s need. As such, the disclosure of official information to a specific person is different from the first two disclosure methods which specifically prescribe that which nature of official information that must be disclosed in the Royal Gazette and which nature of information that must be made available for general public’s inspection at all times

     In principle, if there is a person requesting for nay official information and such request specifies certain information to be disclose reasonably apprehensible mention of the intended information, the state agency shall procure such information and provide to such person making request within a reasonable time. This method is deemed a disclosure of official information to general public as a specific person.