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Supreme Administrative Court Judgment No. 2145/2559

Country/Territory
Thailand
Type of court
National - higher court
Date
Dec 16, 2016
Source
UNEP, InforMEA
Court name
Supreme Administrative Court of Thailand
Seat of court
Bangkok
Reference number
Decided Case No. A. 2145/2559
Language
Thai
Subject
Energy, Legal questions
Keyword
Access-to-information
Abstract

The plaintiffs, a big private electricity generating company, signed an electricity supply contract with the Electricity Generating Authority (second defendant). The interpleaders, NGOs, requested access to information about the contract, and were granted access by the Electricity Generating Authority. The plaintiffs appealed the decision to the Information Disclosure Commissioner (first defendant). The Commissioner upheld the decision of the Electricity Generating Authority, and added a condition that information in the annexes 2 and 3, which could lead to trade advantages of competitors of the plaintiffs, could be accessed but not copied. The plaintiffs challenged the decision to the administrative court. The supreme administrative court upheld the decision of the Commissioner on the ground that the interpleaders had the right to access to official information, whether they had interest in such information or not and that the interpleaders did not operate the electricity businesses. The protection the Commissioner granted to information in the annexes 2 and 3 sufficed legal requirements.

 

Full text
Decision 2145-2559_sm.pdf
Decision-AccesstoPPAinfo-SupremeAdminCourt.pdf
Website
enlawfoundation.org