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Thailand

Official Information Act

Official Information Act, B.E. 2540 (1997) (พระราชบัญญัติข้อมูลข่าวสารของราชการ พ.ศ. ๒๕๔๐)

RTI Rating: 75 (source)

Response Timeline

Initial Response
15 days
Residency Required
Resident

The Act itself requires response "within a reasonable period of time" (Section 11). However, the Royal Decree on Criteria and Procedures for Good Governance, B.E. 2546 (2003) requires state agencies to respond within 15 days. For large requests, a 2004 cabinet resolution allows same-day response or up to 15 days. Extensions are permitted with notice and explanation, but no limit on duration or frequency is specified. The law does not specify whether these are calendar or business days.

How to Submit a Request

Accepted Methods

  • {'notes': 'Requests must be submitted according to rules and procedures prescribed by the Official Information Board. No official form is required, though the Official Information Commission provides a request form on its website.', 'method': 'Written request'}

Under the Act, "person" means a natural person who is of Thai nationality or a non-Thai national who has residence in Thailand. Foreigners without residence in Thailand are not eligible to make requests.

Required Elements

  • Reasonably apprehensible mention of the intended information
  • Contact information for delivery of response (requester need not identify themselves beyond this)

Fees

Centralized fee rates established by Official Information Commission (OIC) announcement. State agencies requiring different photocopying or duplication fees must obtain OIC approval. No free pages guaranteed. Individual agencies may waive or reduce fees for impecunious requesters at their discretion.

Fee Waivers

  • Individual state agencies retain discretion to waive or reduce fees for impecunious requesters. No standardized national policy exists.

Exemptions

  • National Security, International Relations, or Economic Security
    Information whose disclosure would jeopardize national security, international relations, or national economic or financial security.
  • Law Enforcement Efficiency
    Information whose disclosure would result in decline in efficiency of law enforcement or failure to achieve its objectives.
  • Internal Deliberations
    Opinion or advice given within the state agency with regard to the performance of any act (excludes technical or fact reports).
  • Personal Safety
    Information whose disclosure would endanger the life or safety of any person.
  • Privacy and Medical Information
    Medical report or personal information the disclosure of which would unreasonably encroach upon the right of privacy.
  • Legally Protected Information
    Official information protected by law against disclosure or information given by a person and intended to be kept undisclosed.
  • Royal Decree Authority
    Other cases as prescribed in Royal Decree.

All exemptions are discretionary—officials "may issue an order prohibiting disclosure" rather than being required to do so, allowing case-by-case judgment. Section 20(2) provides a limited public interest override: officials may disclose exempted information "for securing a benefit of greater importance which relates to public interest, life, body, health or other benefit of a person" if deemed reasonable, though this override is discretionary and restrictions on reuse may be imposed. Historical information: Most exempted information must be transferred to archives after 20 years (Section 26), with possible extensions of up to 5 years if agencies still require it.

Appeal Process

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Thailand's appeals system is critically undermined by the non-binding nature of both OIC and Information Disclosure Tribunal decisions. The OIC operates within the Prime Minister's office with politically appointed members and no security of tenure, severely limiting its independence and effectiveness. Tribunal decisions are advisory only, requiring further Administrative Court action for enforcement. The law scored only 14/30 points for appeals in the RTI Rating due to these structural weaknesses.

Records Retention

Retention Law
National Archives Act B.E. 2556 (พระราชบัญญัติจดหมายเหตุแห่งชาติ พ.ศ. ๒๕๕๖)
Authority
National Archives of Thailand (หอจดหมายเหตุแห่งชาติ) — Department of Fine Arts

National Archives Act B.E. 2556 (2013)

View retention law →

Sources & References