The Act aims to focus on the attitude and the value of the State official relating to their performance on the disclosure of official information. In general, the disclosure of information is generally practiced with an exception to conceal certain information. As a result, there are certain provisions which protect the State officials who have the duties to disclose certain official information which information is subject to an order prohibiting the disclosure of information (Section 20 of the Act).
Section 20 of the Act stipulates that: “In disclosing any information the disclosure of which may constitute liability under any law, the State official shall be deemed to be exempted from such liability if he acts in good faith in the following circumstances”:
1. Section 20 (1) is the case where there is a disclosure of information under Section 15, where the State official duly proceeds in accordance with the measures for the protection of such information in accordance with the Rule on Official Secrets Protection B.E. 2544.
That is, if the State official has proceeded to disclose information to the person requesting such information whereby the State official has followed the steps and levels of protection of information by receiving the authorities to disclose from his superior in command prior to the disclosure thereof, then the State official would be able to disclose such information.
2. If the State official of level 6 and above (who is considered the civil government official under the Ministerial Regulations) issues an order for a general disclosure of information which is subject to an order for non-disclosure or a specific disclosure to any person. In this case, the person requesting for information from the State official and the State official having considered the matter in good faith and without any personal interest involved by taking into account the public interest, the impact on the public and the concerned party, has issued an order for information disclosure, the State official shall be protected whereby he shall not be liable under the law even though he is responsible for such disclosure. However, such exemption shall not include the State agency which shall be liable under the laws if applicable.
3. By virtue of Section 20 (2) of the Act, the State official shall also impose certain conditions or restrictions in using such information as he deems appropriate.
If the State official is of the view that the information requested by a person is necessary for him but the disclosure of such information would damage the third person concerned, the State official may impose any restriction or conditions on the use thereof on the person requesting information. For example, the information disclosed may be specifically used as evidence in the court case to protect the right of the person requesting such information only. Such information may not be revealed or disclosed to public. If the person requesting such information violates or breaches such restrictions or conditions, he shall be subject to a fine or imprisonment as imposed by law. It can be said that the restrictions or conditions for the use of such information is beneficial for the State official to use his own discretion whether to disclose information.
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