CHAPTER VI
Information Disclosure Tribunals

Section 35. There shall be Information Disclosure Tribunals in appropriate fields, which are appointed by the Council of Ministers upon the recommendation of the Board, having the power and duty to consider and decide an appeal against an order prohibiting the disclosure of information under section 14 or section 15, order dismissing an objection under section 17 and order refusing the correction, alteration or deletion of personal information under section 25.

The appointment of Information Disclosure Tribunals under paragraph one shall be made on the basis of the specialized fields of the official information, such as the fields of national security, national economy and finance or law enforcement.

Section 36. Each Information Disclosure Tribunal consists of such number of persons as necessary, but shall not be less than three persons, and the Government officials appointed by the Board shall act as Secretary and Assistant Secretaries.

In considering the information of any State agency, the member of the Information Disclosure Tribunal who is from that State agency shall not participate in such consideration. Members of the Information Disclosure Tribunal shall not be Secretary or Assistant Secretaries.

Section 37. The Board shall consider sending the appeals to the Information Disclosure Tribunals on the basis of their specialization within seven days as from the date of the receipt thereof. The decision of an Information Disclosure Tribunal shall be deemed final. In making the decision, an observation may be made to the Board with regard to appropriate action to be taken by the State agency concerned in any particular case.

The provisions of section 13 paragraph two shall apply mutatis mutandis to the consideration of appeals by the Information Disclosure Tribunals.

Section 38. The powers and duties of the Information Disclosure Tribunal in each field, its procedure and quorum shall be in accordance with the Rule prescribed by the Board and published in the Government Gazette.

Section 39. The provisions of section 29, section 30 and section 32 and the penalties in conjunction wi!h such provisions shall apply mutatis mutandis to Information Disclosure Tribunals.

CHAPTER VII
Penalties

Section 40. Any person who fails to comply with an order of the Board issued under section 32 shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding five thousand Baht or to both.

Section 41. Any person who violates or fails to comply with the restriction or condition imposed by the State official under section 20 shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding twenty thousand Baht or to both.

Transitory Provisions

Section 42. The provisions of section 7, section 8 and section 9 shall not apply to official information having been in existence before the date this Act comes into force. A State agency shall publish the information under paragraph one or make it available for public inspection, as the case may be, in accordance with the rules and procedure prescribed by the Board.

Section 43. The Rule on the National Security Protection, B.E. 2517 (1974), insofar as it deals with the official information, shall continue to be in force to such an extent as not contrary to or inconsistent with this Act, unless otherwise provided in the Rule prescribed by the Council of Ministers under section 16.

Countersigned by:

General Chavalit Yongchaiyudh

Prime Minister

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