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An Unlawful Discretion of NACC to Refuse the Disclosure of Official Information
An Unlawful Discretion of NACC to Refuse the Disclosure of Official Information

The lists of the injured and dead and the descriptions of the places of such injuries and deaths, which were possessed or controlled by the Office of
the National Anti-Corruption Commission (ONAC), were considered as the official information. According to Section 56 of Constitution of the Kingdom of Thailand B.E. 2550 (2007) and Section 15 of the Official Information Act B.E. 2540, such official information was not the subject not to be disclosed. Therefore, there did not exist
any reasonable grounds to refuse the disclosure thereof. When Defendant No.1 issued the order not to disclose such official information, it was deemed as an unlawful exercise of discretion. The mentioned order was hence unlawful and caused grievances to the Plaintiff by not having fully right to self-defense. As a result, Defendant No.1 did a wrongful act violating the Plaintiff’s right.




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