การเปิดเผยข้อมูลส่วนบุคคลตามพระราชบัญญัติข้อมูลข่าวสารของราชการ พ.ศ. 2540 / วีระพงษ์ บึงไกร = Disclosure of personal information under the Official Information Act B.E. 2540 / Weerapong Bungkrai
The Official Information Act, B.E. 2540 has the objective of enabling citizens to access official information about the administration of State affairs and protect the right to privacy in respect of the official information which State agencies or State officials must not disclose to others. However , as the Official Information Act is a new law and posits new principles for officials in Thailand , law enforcement is faced with problems concerning the performance of official duties. One important area that appears in the decision of the Information Disclosure Tribunals and in the consultations with other parts of the government is the problem whether information is to be classified as personal information. If it is personal information , how much can be disclosed and whether it falls under the exception to the rule ? Moreover, according to the Official Information Board ’ s annual report B.E. 2542 under this Act 1 it is evident the State officials lack skill in their work on this matter , especially about the process and methods of exercise of their decision under the law. These problems may lead to easy infringement of the right to privacy concerning information. Therefore 1 this thesis studies and researches ways of addressing those problems. It studies the privacy law of U.S.A. , England , New Zealand and international law which relate to the topic researched and the principle of proportionality. It is found that resort to principles derived from international law and from different legal system provide directions for interpretation of the provisions of the Official Information Act. Further 1 the principle of proportionality offers a guideline for exercising the discretion on the part of State officials in the disclosure of personal information. It will help citizens privacy concerning information in conformity with the law.
