Thailand
Official Information Act
Official Information Act, B.E. 2540 (1997) (พระราชบัญญัติข้อมูลข่าวสารของราชการ พ.ศ. ๒๕๔๐)
Transparency Score: 50/100
RTI Rating: 75 (source)
Response Timeline
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
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
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National Security, International Relations, or Economic SecurityInformation whose disclosure would jeopardize national security, international relations, or national economic or financial security.
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Law Enforcement EfficiencyInformation whose disclosure would result in decline in efficiency of law enforcement or failure to achieve its objectives.
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Internal DeliberationsOpinion or advice given within the state agency with regard to the performance of any act (excludes technical or fact reports).
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Personal SafetyInformation whose disclosure would endanger the life or safety of any person.
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Privacy and Medical InformationMedical report or personal information the disclosure of which would unreasonably encroach upon the right of privacy.
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Legally Protected InformationOfficial information protected by law against disclosure or information given by a person and intended to be kept undisclosed.
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Royal Decree AuthorityOther 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
Official Information Board Complaint
Requesters may file complaints with the Official Information Board (OIC) regarding agency non-compliance, administrative silence, or failure to proactively disclose information. The Board must complete consideration within 30 days, extendable to 60 days maximum. OIC decisions are advisory and non-binding.
Information Disclosure Tribunal
Requesters may appeal disclosure refusals to specialized Information Disclosure Tribunals subdivided by subject matter (national security, economy, law enforcement, etc.). Tribunal decisions are final but non-binding. Tribunals are appointed by the Council of Ministers on the recommendation of the OIC.
Administrative Court
Further appeals may be submitted to the Administrative Court when tribunal decisions are alleged to be unjust. Court review is available through established practice though not explicitly stated in the Official Information Act.
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.