Requesting Information from the Government: A Case Study of a Dispute Involving a Government Official Issuing an Order Prohibiting Disclosure of Official Information

Abstract

Background and Aims: The provisions of the Administrative Procedure Act B.E. 2539, Section 31, stipulate that the parties have the right to request to inspect documents from the government agency that has official information for contesting, clarifying, or defending their rights. If a government official issues an order not to disclose information, it is a reason for the parties to exercise their right to file a lawsuit with the Administrative Court to have the government official disclose the information. However, at present, the Supreme Administrative Court’s ruling considers that if a government agency has not specified the procedures and methods for not disclosing information in its possession, and the government agency issues an order not to disclose the information, the parties or the petitioner must exercise their rights under the Official Information Act B.E. 2540 to appeal the order not to disclose official information to the Official Information Commission before filing a lawsuit with the Administrative Court. This paper aims (1) to study the rights of petitioners requesting the disclosure of government information in the possession of government agencies, regarding how the Administrative Procedure Act B.E. 2539 (1996) and the Official Information Act B.E. 2540 (1997) are enforced. 2) To study the Supreme Administrative Court's judgment in cases where petitioners have requested the right to request government information and government agencies have not disclosed the information.

Methodology: By bringing up the case of a dispute of a judgment of the Supreme Administrative Court, Department of Public Administration, regarding a dispute regarding a government official issuing an unlawful order, in the case of a government agency not disclosing government information to a person requesting to inspect and copy documents, the ruling from legal principles from the resolution of the general meeting of the Supreme Administrative Court judges, including books and academic documents on the website.

Results From the judgment, which is called the resolution of the Supreme Administrative Court, which is used as a guideline for the process of the petitioner requesting to inspect and copy official documents and the use of discretion of the government agency if it does not disclose the official information in its possession, it appears that 1) The Official Information Act B.E. 2540 is a law that specifies the steps or methods for resolving distress or damage caused by the actions of government agencies or government officials who have issued an order or resolution not to disclose official information specifically. 2) Although the provisions of the Administrative Procedure Act B.E. 2539, Section 31, stipulate the rights of the parties to request to inspect documents from the government agency that has official information for arguing, clarifying, or defending their rights, the Official Information Act B.E. 2540 has a guarantee of fairness or standards in the performance of official duties if it appears that the government agency refuses to disclose official information by requiring the petitioner to appeal the order or resolution not to disclose to the Information Disclosure Decision Committee before filing a lawsuit with the Administrative Court. To remedy the distress of the petitioner promptly. 3) The petitioner's right to inspect and copy documents from government agencies is an exercise of the right to request other government information according to Section 11, paragraph one of the Government Information Act B.E. 2540. 4) A government agency issues an order not to disclose government information. The reason why the information cannot be disclosed must be specified according to Sections 14 and 15 of the Government Information Act B.E. 2540. 5) A government agency does not specify the steps and methods for disclosing government information. The criteria and methods specified in the Government Information Act B.E. 2540 must be applied.

Conclusion: The Official Information Act of 1997 is a law that stipulates procedures or methods for resolving distress or damage to those who submit requests to inspect and copy documents from government agencies in cases where government agencies or government officials have issued orders or resolutions not to disclose government information within a reasonable time. It also has criteria to ensure fairness for the requester or has standards for the government agency issuing the order to adhere to in good government practice before filing a lawsuit with the Administrative Court.