Freedom of Information: A Comparative Legal Survey - Federation of ...

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for providing the information (section 11). This is an unusual provision and it is unclear why it might be
necessary to extend the time limit, already a problem with the Law, simply to protect the integrity of a
record.
A public body may, notwithstanding that it holds information, advise an applicant to transfer a request
to another public body. Where the information was prepared by another public body and marked by that
body as confi dential, the request shall be remitted to that other body for a decision (section 12). This is not
unreasonable but again there are no time limits.
The Law contains reasonably detailed provisions for third party notice. Third parties must be given notice of
any request concerning information that may affect their interests, and at least 15 days to provide objections
in writing. Where an objection is lodged, it must be considered and the author provided with notice of the
decision regarding disclosure of the information concerned. Where the decision is to disclose, this must be
delayed for 15 days to give the third party the opportunity to lodge an appeal (section 17).
Applicants must be notifi ed of any refusal to satisfy their request, and such notice shall indicate the type of
information requested and the reasons for non-disclosure (section 15). This is useful but the notice could
further be required to specify the exact provision relied upon for non-disclosure, as well as the right to
appeal this.
Information will only be provided where it is held in a form which is ready for distribution in the sense that no
further preparation, analysis or compilation is required. However, this does not apply where the information
may be generated electronically, for example from a visual or sound recording system. Furthermore, where
the information sought is not for commercial purposes but is necessary for the protection of the rights and
liberties of the applicant, or is generally for the pubic benefi t, the public body may still provide information
which requires further processing. Where a record might otherwise be damaged, a copy may be provided
in such a manner as to protect the document (section 11). Otherwise, an applicant has the right to inspect,
or to obtain a copy or certifi ed copy of the document (section 9).
The Law provides for fees to be charged by public bodies, but only with the approval of the Offi cial Information
Commission. Furthermore, due regard must be given when charging fees to the need for concessions for
persons with low incomes (section 9).
Chapter III of the Law, entitled Personal Information, is a sort of mini-data protection regime, which sets
out rules regarding the collection, disclosure and correction of personal data. Although for the most part
this is not inconsistent with right to information principles, this is a complex subject and it would be
preferable for it to be dealt with in a fully-fl edge data protection act.
Duty to Publish
The Thai RTI Law provides for both a duty to publish information in the Government Gazette and for a duty
to make certain information available for inspection. Neither of these obligations apply to information
which is required by another law to be disseminated or disclosed (section 10) or to information which
came into existence before the Law came into force (section 42). The former obligation, found at section 7,
covers information about the structure and organisation of the body, a summary of its main powers, duties
and operational methods, contact details for the purpose of making requests, by-laws, regulations and
policies, and such other information as may be determined by the Offi cial Information Commission.
Section 9 requires public bodies to make the following information, subject to the regime of exceptions,
available for inspection:
a decision which has a direct effect on a private individual;
any policy or interpretation not covered by section 7;