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BANGKOK - -It has been only two years since the Thai information law, the Official Information Act, B.E. 2540 (1997)(OIA), came into effect. The Act, however, has become more popular and has been widely accepted as useful to the public. It has contributed to the country's political reform agenda even as it has also shaken the traditional bureaucratic system. The law plays a significant role in changing the attitude of Thai government servants toward the official information administration. Background
The principle behind the OIA is the guarantee of the people's right to have full access to government information. According to the Act, almost all official data and information should be revealed to the public, while only some categories of information that the State can still keep confidential are exempted from disclosure. Should the State agency refuse to data, citizens still have the right to appeal to the Official Information Commission. The OIA ensures the people's right to access government information, and this includes the right to inspect, to request for a copy, to have advice, to make a complaint and appeal, to ask the State to correct or change personal information. Such right is bestowed upon any individual whether he has any involvement or relation with the information he requests. This new principle turned down the conventions and traditional practices of State officials whose had always believed that government information must be kept strictly and confidentially for official uses only. Officials had traditionally responded to public demand for access with the attitude that information disclosure was the exception while most data were kept secret. State
Agency Duties on Information Disclosure A.
Publish the following official information in the Government Gazette: A State agency shall, for dissemination purposes, compile and make available the said information for sale, disposal or distribution at its office. B.
Make available at least the following official information for public
inspection: C. Provide information according to individual requests: If any person makes 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, and such a request makes a reasonably apprehensible mention of the intended information, the responsible State agency shall provide it to such a person within a reasonable period of time. Any person, who considers that a State agency fails to publish the information in the Government Gazette, fails to make the information available for public inspection, fails to provide him with the information, 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 Commission. Therefore, we can see that most types of the official information are subject to disclosure while only a few are declared as exemptions. The OIA prescribes the types of information that are not subject to disclosure, as follows: Official information that may jeopardize the Royal Institution shall not be disclosed. A State agency or State official may issue an order prohibiting the disclosure of official information falling under any of the following descriptions, having regard to the performance of duties of the State agency under the law, public interests and the interests of the private individuals concerned: -
the disclosure thereof will jeopardize the national
security, international relations, or national economic or financial security;
Implementation
of the Official Information Act 1.
Complaint cases 2.
Appeal cases Problems
in Implementation Strategic
Guidelines for 2000 1.
To promote and develop the acknowledgement of
the Act's content, its utilization, the mechanism and the procedures to
utilize the Act to meet people's right to access information
2.
To develop the administration of State agencies
3.
To improve the Monitoring and Evaluation of the
OIA implementation of State agencies 4.
To develop the efficiency and capacity of the
OOIC Latest
Cabinet's Resolution Such recommendation was proposed by the OIC to the government early this year and the cabinet, on February 1, 2000, approved the proposal and issued the following confirmed guidelines: -
All State agencies have to speed up the strict enforcement
of the OIA. Concluding
Remarks However, the OIA is a new law, and the new concept of freedom of information is totally new to both the Thai State officials and to the people. Thai society thus needs some time to learn about and take advantage of the Information Law. State officials have to understand more clearly the procedures of law enforcement so that they know how to provide information services and disclose information disclosure to meet public demand. Meanwhile, people should recognize their own right to know and know how to utilize the Information Act as a means to access State information. Thai society should recognize that information law is an essential aspect of establishing accountable and transparent government and a crucial part of building civil society. <
Nakoen Serirak is head of the Research and Development Department of the Office of the Official Information Commission. |
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