The Exercise of Citizens’ Right to Access Official Information for Monitoring Government Agencies under the Official Information Act B.E. 2540

Abstract

This article explores the right of citizens to access official information under Thailand’s Official Information Act B.E. 2540 (1997), which serves as a crucial mechanism embodying the principle of “disclosure as the rule, secrecy as the exception” in a democratic system where sovereignty belongs to the people. The study finds that, despite the Act clearly stipulating the rights of citizens and the duties of the state—alongside the establishment of the Official Information Disclosure Board as a dispute resolution body—practical implementation faces significant challenges. These include structural constraints, such as the lack of efficient information storage and retrieval systems, as well as the attitudes of certain officials who still regard official information as state property rather than a fundamental right of citizens. Furthermore, the fact that the Board’s rulings are not directly binding in administrative terms, coupled with the absence of penalties for officials who violate these rights, compels citizens to rely on the Administrative Court process, which involves lengthy procedures and legal costs.

This article therefore proposes legislative reforms to enhance the binding effect of the Board’s rulings and establish penalties for agencies or officials who fail to comply. It also advocates structural improvements—such as developing modern information systems, providing training for officials, and raising public awareness that exercising the right to request official information is a means of safeguarding public interests. Such measures would strengthen good governance, prevent corruption, and foster a sustainable culture of accountability and checks and balances in a democratic society.