CONCEPTUAL ANALYSIS OF RIGHT TO INFORMATION ACT OF UK

AND THAILAND

UNITED KINGDOM, (Freedom of Information Act, 2000)

(DATE OF ENFORCEMENT: 30, November, 2000)

1. PRELIMINARY

1.1 Objective: As information about government is a fundamental civic right so it is

necessary to secure access to information held by the public sector organizations and this
has been enshrined in an act which came into force in 2005.
Information related to environment does not cover under the purview of Freedom of
Information. The Environment Information Regulations 2004 has created the right to
access information regarding environment.
And Data protection Act is there in which a person can access to information held by
public as well as private bodies.
1.2 Application: The act is applicable to public authorities and public authority is
provided in section 3 of the act, any body which, any person who, a holder of any office
which is listed in schedule I, designated by order under section 5 or a public owned
company under section6.
Or we can classified as:
2.1 public authority: list is given in schedule I government department, house of
parliament,
2.2 publically owned companies: wholly owned by crown or wholly owned by public
authority other than government department or any other authority
2.3 designated bodies as secretaries of state may by regulation add or omits.
2.4 Any person can apply for it irrespective of their age, nationality and where you live. 1
2.5 Any official information held by public authority can be asked by any person.
2.6 This act is applicable to whole United Kingdom except Scotland.

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FREEDOM OF INFORMATION ACT www.gov.uk/make-a-freedom-of-information-request/the-freedom-of-
information-act (last visited 2 June 2017)
 1.3 Private parties performing public function: No such provision provided under the act.

1.4 Meaning of information: Recorded Information held by or on behalf of authority. This

includes papers records, e-mail, information stored in computer, diskettes, floppies, maps,
photographs, hand written notes or any other form of recorded information.

Unrecorded information known to officials but not recorded is excluded.2

1.5 Right to access the information: Any person is eligible to seek information under the
act.

1.6 Restrictions in use of information: No such provision provided under the act.

1.7 Reasons required for seeking information: As per section 8 of the act, person seeking
information under the act is not required to state any reason for requesting information except
name and address of an applicant and the details of information requested.

1.8 Rights provided under the act: The act provides for other rights as well which includes;

Right to receive copy of information in permanent form or another acceptable form [Article
11(1)(a)],

Right to inspect a record containing information [Article 11(1)(b)],

Right to receive digest or summary of information [Article 11(1)(c)],

1.9 Political party within the purview: There is no provision in the act to bring political
party within the ambit of public authority and hence, political party is not answerable under
the act.

1.8 Effect of the act: No such provision provided under the act.

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FREEDOM OF INFORMATION ACT www.cfoi.org.uk/pdf/foi_guide.pdf (Last visited 2, June, 2017)
 2. OBLIGATIONS OF RESPONSIBLE AGENCY
2.1 Responsible agency: Public Authority is responsible for enabling access to
information to any person seeking information under the act.

2.2 Incentives provided to Responsible Agency: No such incentive is provided to the

public authority under the act.

2.3 Pro-active or suo moto disclosure scheme: The act makes it obligatory for public
authority to publish and review information from time to time and make available to the
person in public interest in any form in which he may think fit (Article 19).

2.4 Assistance to an Applicant: In case an applicant needs any assistance, public

authority under article 16 of the act is made responsible for providing advice and
assistance to an applicant in need.

3. Exemptions
There are 23 exemptions provided under the act, we can classify the exemptions into two:
absolute and non-absolute or qualified.
Non-absolute exemptions require the public interest test.

3.1 Absolute Exemptions:

3.1.1 Section 21 if the information is reasonable be accessible to the same person,

3.1.2 Section 23 If any certificate is signed by ministers of the Crown that the
information relates to bodies of security service, security intelligence service,
Government communication headquarters (includes any unit or part of unit of armed
forces of the crown which is required by secretary of state to assist government
communication headquarter), special forces, the Tribunal established under section 65
of the Regulation of Investigatory Powers Act 2000, the Tribunal established under
section 7 of the Interception of Communications Act 1985, the Tribunal established
under section 5 of the Security Service Act 1989, the Tribunal established under
section 9 of the Intelligence Services Act 1994, the Security Vetting Appeals Panel,
 the Security Commission, the National Criminal Intelligence Service, and the Service
Authority for the National Criminal Intelligence Service.3

3.1.3 Section 32 if any document is placed by the court to be used in the proceeding,
any document is created by court or member of administrative staff of court for the
purpose of proceeding.

3.1.4 Section 34 A certificates signed by the speaker or clerk of the houses of

parliament that the information required is infringing the parliamentary privilege.

3.1.5 Section 36 if the information would likely to prejudice

 the maintenance of the convention of the collective responsibility of Ministers
of the Crown,
 the work of executive committee of Northern Ireland Assembly,
 the work of executive committee of national assembly for whales, or

or would likely to inhibit free and frank provision of advice or free and frank
provision for exchange of views.

3.1.6 Section 40 Personal data if it is contrary to Data Protection Act,

3.1.7 Section 41 if the information is obtained by the third person and disclosure of
which constitutes to breach of confidence actionable by other person,

3.1.8 Section 44 if the disclosure of information would amount to be punishable

under contempt of court or prohibit under any enactment, incompatible with
community obligations.

3.2 Qualified Exemptions:

3.2.1 Section 22 If the information will be published by the officials in future,

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3.2.2 Section 24 A certificate signed by the minister of the crown that the information
is required for safeguarding national security,

3.2.3 Section 26 If the disclosure of information would likely to prejudice defence of

British Islands or any colony or capability, effectiveness or security of any relevant
forces,

3.2.4 Section 27 if the information would likely to prejudice International Relations

with other states,

3.2.5 Section 28 if the disclosure of such information would prejudice the relations
within the United Kingdom,

3.2.6 Section 29 if the disclosure would prejudice the financial or economic interest,

3.2.7 Section 30 investigations and proceedings conducted by public authorities,

3.2.8 Section 31 if the disclosure of information would likely to prejudice-

 prevention or detection of crime,
 apprehension and prosecution of offenders,
 administration of justice,
 the assessment or collection of any tax or duty or of any imposition of a
similar nature,
 operation of immigration control,
 maintenance of security and good order in prison,
3.2.9 section 33 if disclosure of such information would affect the audit function
in relation to the matter concerned,

3.2.10 section 35 if disclosure would likely to prejudice the formulation of

government policy and ministerial conferences.
 3.2.11 section 36 if disclosure would likely to prejudice the maintenance of the
convention of the collective responsibility of Ministers of the Crown, or the work
of the Executive Committee of the Northern Ireland Assembly, or the work of the
executive committee of the National Assembly for Wales or effective conduct of
public affairs.

3.2.12 Section 37 if information relates to communication with her majesty and

with other royal family members.

3.2.13 Section 38 if disclosure would likely to endanger physical and mental

health or safety of an individual.

3.2.14 Section 39 Environmental information as this can be accessed from

Environment Information Regulations,

3.2.15 Section 42 if disclosure would likely to prejudice legal professional

privilege,

3.2.16 Section 43 if disclosure would likely to prejudice trade secrets, commercial

interests.

3.2.17 According to section 12(1), if the cost of compliance exceeds the

appropriate limit,
3.2.18 When the application is vexatious,

3.2.19 when the application is repeating the same matter by the same person

3.3 Organisation(s) Exempted from providing information: No such provision

provided under the act.

3.4 Process to obtain information from such exempted organisation(s): No such

provision provided under the act.
 4. PROCEDURAL MECHANISM

4.1 Procedure to access information: Request for information is made by the

applicant in writing containing name and details of the applicant and is sent to the
public authority. On receipt of application, public authority may send a notice stating
the amount of fees to be charged for providing information and the applicant has to
submit the fees within three months of receiving notice.

4.2 Duty of responsible agency, in case the request made is rejected: When the
request made is rejected by the public authority, the person making the request has to
be informed about the reasons for such rejection [Section 11(3)].

4.3 Mechanism for obtaining information from third party: No such provision
provided under the act.

5. TIME LIMIT

5.1 Time period for supply of information: In the normal course, information to an
applicant shall be supplied or rejected within twenty working days of the receipt of an
application. Section 14 of the act, if a public authority has already been complied by the
applicant’s application it is not obliged to comply with the same until the reasonable time
period has elapsed.
5.2 Information not provided within the time limit: No such provision provided under
the act.

6. FEE CHARGED
6.1 Fee for the information: On receipt of application, public authority may send a
notice stating the amount of fees to be charged for providing information and the
applicant has to submit the fees within three months of receiving notice. The fee is to be
charged in accordance with regulations made by secretary of state except in case it is
made by or under any enactment. The officials can charged for copying, printing, postage
under Section 9 of the act.
6.1 Exemption of fee: No such provision provided under the act.

7. ENFORCEMENT AGENCY

7.1 Enforcement agency: The Information Commissioner and The Information Tribunal are
the authorities responsible for proper enforcement of the act.

7.2 Empowerment of commission: No such provision provided under the act.

8. COMPLAINT AND APPEAL

8.1 Complaint mechanism: A complaint can be made to the commissioner by any person who
has been refused for requested information, who has not been given requested information within
time limit.

8.2 Appeal mechanism: Part V of the act deals with appeals.

There is no fee to file a complaint in Information Commissioner Officer (ICO) and

Information Tribunal. The first appeal is made to the commissioner, he may also serve
notice to the public authority If he requires any information from them than passes an
enforcement notice under section 52 containing the requirements which the public
authority has to take if they failed in meeting the compliance before it or may also
provide particulars of right to appeal under section 57. If Public authority may fail to
comply with the notice, commissioner may serve to the court (High Court and in
Scotland Court of Session) in writing.

If any person is not satisfied with the decision of ICO, he may go to the Information
Tribunal against ICO for breaking rules of Freedom of Information, Data Protection,
environmental information and privacy and electronics communications within 28 days
of the receipt of decision of ICO
Under section 59, any party can appeal against Tribunal to the appropriate court and that
appropriate court shall be
(a) The High Court of Justice in England if the address of the public authority is in
England or Wales,
(b) The Court of Session if that address is in Scotland, and
(c) The High Court of Justice in Northern Ireland if that address is in Northern Ireland.

9. PUNISHMENT AND PENALTY

9.1 Power to impose penalty: No such provision provided under the act.

9.2 Amount of penalty that can be imposed: If anyone destroys the record after you
have asked, that amounts to criminal offence.

9.3 Disciplinary action against the office: No such provision provided under the act.

9.4 Punishment in case of violation of suo moto disclosure: No such punishment

provided in case of violation of suo moto disclosure under the act.

9.5 Punishment in case of false or vicious complaint: No such punishment

provided in case of false or vicious complaint under the act.

10. MISCELLANEOUS

10.1 Protection available: No such provision provided under the act.

10.2 Power of court under the act: No such provision provided under the act.
 THAILAND (OFFICIAL INFORMATION ACT, 1997)

(DATE OF ENFORCEMENT: 8, December, 1997)

1. PRELIMINARY
1.1 Objective: Official Information Act (RTI Act) was approved in 1997 to secure access
to information held by undertakings and to promote democracy by making people aware
about their rights and duties in order to protect their interests.

Section 56A of Thai Constitution 2007 guarantees a person a right to know and access
information from government agency, state agency, state organizations etc.4

1.2 Application: The act allows citizens to access information from state agency even the
aliens are also allowed to access under the following conditions:
 In company or partnership, more than one half of the capital is held by alien,
 In association, more than one half are the members from alien,
 An association whose object is benefitting aliens,
 Juristic person, any of manager, director, owner more than one half are aliens.

1.3 Private parties performing public function:

1.4 Information: official information is information in possession or control of state agency

whether such data communicates by itself or has arranged from any other source in the form
of document, map, drawing, photograph, book, diagram, film, sound recordings or recording
by a computer or any other method which can be displayed. The requester can also ask for
information that is no-where published.

1.5 Right to access the information: All citizens are eligible to seek information under the
act.

1.6 Restrictions in use of information: No such provision provided under the act.

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OFFICIAL INFORMATION ACT www.seapa.org/official-information-act-of-1997/ (Last visited 3, June, 2017)
1.7 Reasons required for seeking information: A person seeking information is not
required to state any reasons in an application under the act.

1.8 Rights provided under the act: The act provides other rights as well which includes;

 Right to receive copy of information,

 Right to inspection of records containing information.

1.9 Political party within the purview: There is no provision which brings political party
within the ambit of state agency and hence, it is not answerable under the act.

1.10 Effect of the act: No such provision provided under the act.

2. OBLIGATION OF RESPONSIBLE AGENCY

2.1 Responsible Agency: The bodies which are liable to provide information is central,
provincial or local administrative bodies, state enterprises, courts for information un
associated with trials and adjudication of cases, professional supervisory
organizations, independent agencies of state and other agencies provided by
ministerial regulations.
Independent Public agencies: As the Anti-Corruption Office, Auditor General’s
Office, Election Commission’s office see themselves apart from RTI, there is a long
lasting debates have been made to decide whether they are included within the act or
not. In Pichet Case, in 1999 six policeman entered into his shop which was also his
home without search warrant and proper identification and confiscated machines in
his absence. Pichet enquire about it in nearest police station to seek his equipment
back, instead of returning his machines back they arrested him which later on proved
that he was not engaged in any illegal activity. Seeking justice he went to Anti-
Corruption Commission requested to know about the authority who has abused his
position but commission denied to provide them the information. He filed a case
against it in which local administrative court found commission outside the scope of
 the act but Supreme Administrative court found it to be within the purview of the act.
Since there are only two layers, supreme authority’s decision shall be final.5

2.2 Incentives provided to Responsible Agency: No such incentives is provided to the

responsible agency under the act.

2.3 Pro-active or suo moto disclosure scheme: The act makes it obligatory for the state
agencies to publish official information about structure and organisations of its operation,
its powers, duties and operational methods, by-laws, resolutions in government
gazette6and make it available for public inspection7 under the act.

2.4 Assistance to an Applicant: No such provision provided under the act.

3. Exemptions: The chapter II of the act provides information which has been exempted
from disclosure. Below are the mentioned exempted information from disclosure;

3.1 Absolute Exemption:

3.1.1 Any official information which may jeopardize the Royal institution.

3.2 Qualified Exemption:

3.2.1 In this public authority has to keep the public interest in mind while dealing with the
information.

3.2.2 State Official or state authority may prohibit to provide information which would
jeopardize the national security, International Relations, national, economic or financial
security, disclosure may result in decline of law enforcement, disclosure endanger life and
security of person, medical report or personal information which would encroach upon the
Right to Privacy, any information protected by law or prescribed in Royal Decree (section
15).

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Supra Note 4.
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OFFICIAL INFORMATION ACT, 1997 SECTION 7.
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OFFICIAL INFORMATION ACT, 1997 SECTION 9.
 3.2.3 If the disclosure may constitute the liability under any law, state official may be
exempted if he is acting in good faith (section 20).

3.3 Organisation(s) Exempted from providing information: No such provision

provided under the act.

3.4 Process to obtain information from such exempted organisation(s): No such

provision provided under the act.

4. PROCEDURAL MECHANISM
4.1 Procedure to access information: A citizen, who desires to obtain information
under the act, should make an application to state agencies in writing. In case the
information so requested is not possessed by that state agency, he shall
recommend to an applicant about the state agency holding such information.

4.2 Duty of responsible agency, in case the request made is rejected: No such
provision provided under the act.

4.3 Mechanism for obtaining information from third party: No such provision
provided under the act.

5. TIME LIMIT

5.1 Time period for supply of information: There is no time limit given under the act for
providing information but the term “reasonable time” is used to provide information under the
act.

5.1 Information not provided within the time limit: No such provision provided under the act.

6. FEE CHARGED
6.1 Fee for the information: There is no prescribed provision of fee under the act.

6.2 Exemption of fee: No such provision provided under the act.

7. ENFORCEMENT AGENCY

7.1 Enforcement agency: Information disclosure Tribunal is held responsible for the
proper enforcement of the act.

7.2 Empowerment of commission:

7.2.1 Official Information Board, in this board a person can file a complaint if state
official do not pro-actively disclose information which they were supposed to.
This is considered as a supervisory or advisory body for the implementation of the Act
whose chairman is the minister of office of Prime Minister.
Members shall hold office for the period of three years from the date of appointment.
Board requires more than one half of the members to form a quorum (section 31)

7.2.2 Information Disclosure Tribunal, it is an apex level to file an appeal and its decision
are binding. This is categorized into five areas; Foreign affairs and national security,
National Economy and finance, Social affairs, public administration and law
enforcement, Medicine and Public Health, Science, Technology, Industry and
Agriculture. It shall consist of not more than three people.

7.2.3 Office of Official Information Commission; this performs technical and

administrative work of Official information Board and Information Disclosure
Tribunal as well as coordinate with state agencies.

8. COMPLAINTS AND APPEAL

8.1 Complaint Mechanism: An individual who see any state official not publishing
rules, bye laws, regulations under Royal gazette under section 7 and they were not
giving the documents for inspection under section 9 or not providing information
case by case basis under section 11 can file a complaint to Office Information
commission through its secretariat.
 8.2 Appeal Mechanism: An individual who file an objection under section 15 and
his objection has been rejected by a state official, he may file an appeal through
secretariat to Information Disclosure Tribunal.

9 PUNISHMENT AND PENALTY

9.1 Power to impose penalty: No such provision provided under the act.

9.2 Amount of penalty that can be imposed:

9.2.1 When the state official is ordered by the board and still they does not comply with the
provisions of the act, he may be punished with imprisonment for not more than three months or
with a fine not more than five thousand Baht.

9.2.2In case of requester, if he did not provide information which state officials has ordered him
to, he may be punished with imprisonment not more than one year or with a fine not more than
twenty thousand Baht.

9.3 Disciplinary action against the office: No such provision provided under the act.

9.4 Punishment in case of violation of suo moto disclosure: No such punishment provided in
case of violation of suo moto disclosure under the act.

9.5 Punishment in case of false or vicious complaint: No such punishment provided in case of
false or vicious complaint under the act.

10. MISCELLANEOUS

10.1 Protection available: No such provision provided under the act.

10.2 Power of court under the act: No such provision provided under the act.