Comment to second source: Martial Law has not had an effect on the Official Information Act 1997. However, an official has more power to inspect the information request.

References: Chapter III, Section 59 of the Constitution of The Kingdom of Thailand 1997 states that:

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 the operation of any project or activity which may affect the quality of the 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 opinions on such matters in accordance with the public hearing procedure, as provided by law.

Chapter I, Section 9 of Official Information Act 1997 states that:

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, therefore. 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.

References: Article I, Section 13 of the Official Information Act 1997

Any person, who considers that a State 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.

References: Chapter I, Section 7 and 11 of the Official Information Act 1997 states that:

Section 7: A State agency shall at least publish the following official information in the Government Gazette:

(1) the structure and organization 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 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 reasonable 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.

Chapter IX, Section 26 of Official Information Act 1997 states that:

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 date of completing such information, to the National Archives Division, Fine Arts Department or other State agencies as specified in the Royal Decree, in order that it is selected for public studies.

Reference: www.oaep.go.th/info-act/act2540eng.doc

1. the Web sites of the government sectors and state agencies

2. contact the states agencies directly

3. the National Archives Division

4. the Government Gazette: www.ratchakitcha.soc.go.th

References: Phone interview with Ms.Rudee, S., Office of the Official Information Commission, Sept. 12, 2007

1. Web site (free of charge)

2. The duplicated documents cost 1 baht per page (US$0.03) and 5 baht per page (US$0.15) in case of recognized documents.

References: Phone interview with Ms. Rudee, S., Office of the Official Information Commission, Sept. 12, 2007

Peer Review Comments: These do not take "shoe leather" costs into account; namely, the aggravation of having to find the right agency, convince them to give you the right information, and so on.

References: Phone interview with Mr.Somchai, K., Office of the Official Information Commission, Sept. 13, 2007

References: Phone interview with Mr.Somchai, K., Office of the Official Information Commission, Sept. 13, 2007

Peer Review Comments: It is unclear how resolution of appeals to information can be resolved with no expense. Who is the mediator/ombudsperson? Why would this service be free?

References: 1. Annual Report Year 2006 [ LINK ]

2. My own graduate student experience on June 6, 2006, at the Ministry of Public Health.