LAW ON ACCESS TO INFORMATION

CHAPTER-4 CONFIDENTIAL INFORMATION -Article 20

Public institutions may refuse to provide information to the public if disclosure of the information would cause damage to national security and defense matters, international relations, national economy and finance, would constitute a violation of privacy of an individual or obstruct law enforcement officials in the course of their duty, namely as follows:

1. Information harmful to the national security and defense matters:

a. National strategic plans pertainingto the national security and defense matters, plans to safeguard the territory against foreign threats, the importation, production, storage and use all kinds of weapons systems;

b. Information concerning strategy, intelligence, operation, tactic and technique related to the operation of national defense.

c. Figures, deploymentof strength and national defense capacity, implementationof national defense systems, weapons development plans and military equipment for national defense;

d. Images data and maps relating to military base and/or military installation situation and condition, weapons production or storage locations, and military scienceresearch buildings;

e. Estimation data of foreign countries military or their defense capacity of such countries that can endanger the sovereignty of the Kingdom of Cambodia;

f. Data related to military cooperation with other countries that has been agreed as state secret;

g. State encoding system and/or state intelligence system.

2. Information causing damage to foreign or international relations:

a. Secret position, bargaining power, and strategy that will be and has been taken by the state in relation with foreign countries or the international community;

b. Secret diplomatic communication or correspondence with foreign countries or the international community;

c. All communication and encoding systems used for connecting with foreign countries or the international community;

d. Protection and security of Cambodian military base and strategic infrastructure overseas.

3. Information causing harm to the national economy and finance:

a. Preliminaryplans of sale or purchase of national or foreign currency, shares and vital assets of the state;

b. Preliminary plans of exchange rate adjustments of foreign currency, government loans, tax reform, tariff, or state revenues;

c. Preliminary plans of sales or purchases of state property or foreign investment plans;

d. Secret statements, facts, letters, figures, or contents of accounting or administrative documents as set forth in the law on Banking and Financial Institutions.

4. Information prejudicing the functioning of the criminal justice system, limited to when applicable:

a. Obstructing law enforcement officials in investigating a criminal offenseas defined in the criminal code ;

b. Revealing the identity of protected informants, witnesses, and/or victims having knowledge of a criminal act;

c. Damaging equipment, facilities, and/or infrastructures of law enforcement agencies;

d. Endangering the security and/or lives of law enforcement officials or their families;

e. Prejudicing criminal investigations related to the prevention of transnational crimes.

5. Information constituting a violation of privacy of a private person:

a. Medical history and psycho-physical therapy of a private person;

b. Information patterning to evaluation in relation to capacity, intelligence, educational or psychological records of a private person

c. Statutory and testamentary successions;

d. Information revealing the identity or name of either party in a civil case in relation to fatherhood, motherhood, marriage, divorce or parental authority;

e. Information revealing the identity of minor in a civil case or accident, and other criminal cases.

f. Information revealing the identity of victim in rape case.

g. Information about financial situation, property, income, and bank accounts of a private personunless otherwise stipulated by laws;

h. Information concerning secrecy in intellectual property and trade secret.



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© Access to Information (Ministry of Information, Phnom Penh, Cambodia)

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