RIGHT TO INFORMATION LAW
Law Number: 4982
Date of Acceptance: 9/10/2003
Published in Official Gazette: Date: 24/10/2003 Number: 25269
Published in Compilation: Series: 5 Volume: 42 Page:
Right to Information Law
FIRST SECTION
Purpose, Scope and Definitions
Purpose
ARTICLE 1. — The purpose of this Law is to regulate the principles and procedures regarding the exercise of the right to information by individuals in accordance with the principles of equality, impartiality, and transparency, which are required for democratic and transparent governance.
Scope
ARTICLE 2. — This Law applies to the activities of public institutions and organizations as well as professional organizations that have the nature of public institutions.
The provisions of the Law on the Use of the Right to Petition dated 1.11.1984 and numbered 3071 are reserved.
Definitions
ARTICLE 3. — In this Law;
a) Institution and organization: All authorities and entities to which information requests will be made, as mentioned in Article 2 of this Law and included in the scope,
b) Applicant: Real and legal persons who apply to institutions and organizations by exercising their right to information under this Law,
c) Information: All kinds of data within the scope of this Law contained in the records held by institutions and organizations,
d) Document: Written, printed, or reproduced files, documents, books, magazines, brochures, studies, letters, programs, instructions, sketches, plans, films, photographs, tapes and video cassettes, maps, and all kinds of information, news, and data carriers recorded in electronic environments held by institutions and organizations within the scope of this Law,
e) Access to information or documents: Depending on the nature of the requested information or document, the provision of a copy of the relevant information or document to the applicant by the institutions and organizations, or in cases where it is not possible to provide a copy, allowing the applicant to examine the original of the information or document or to see or hear its content,
f) Board: Refers to the Information Evaluation Board.
SECOND SECTION
Right to Information and Obligation to Provide Information
Right to information
ARTICLE 4. — Everyone has the right to information.
Foreigners residing in Turkey and foreign legal entities operating in Turkey can benefit from the provisions of this Law, provided that the information they request is related to themselves or their fields of activity and within the framework of reciprocity.
The rights and obligations arising from international treaties to which Turkey is a party are reserved.
Obligation to provide information
ARTICLE 5. — Institutions and organizations are obliged to present all kinds of information or documents, except for the exceptions stated in this Law, for the benefit of the applicants and to conclude information requests effectively, quickly, and accurately by taking the necessary administrative and technical measures.
The provisions of other laws that are contrary to this Law shall not be applied as of the date this Law comes into force.
THIRD SECTION
Information Requests
Application procedure
ARTICLE 6. — Information requests shall be made to the institution or organization where the requested information or document is located, with a petition containing the applicant's name and surname, signature, residence or business address, and if the applicant is a legal entity, the title and address of the legal entity along with the signature of the authorized person and the authorization document. This application can also be made electronically or through other communication tools, provided that the identity and signature of the person or other legally identifiable information is determinable.
The requested information or documents must be clearly stated in the petition.
The nature of the requested information or document
ARTICLE 7. — The information request must relate to the information or documents that the institutions and organizations have or are required to have by their duties.
Institutions and organizations may respond negatively to requests for information or documents that can only be created as a result of a separate or special study, research, examination, or analysis.
If the requested information or document is found elsewhere than the institution or organization applied to, the application petition is sent to that institution or organization, and the situation is notified to the applicant in writing.
Published or publicly disclosed information or documents
ARTICLE 8. — Information or documents published by institutions and organizations or disclosed to the public through publications, brochures, announcements, and similar means cannot be the subject of information requests. However, the manner, time, and place of publication or disclosure of the published or publicly disclosed information or documents shall be communicated to the applicant.
Providing information or documents by separating confidential information
ARTICLE 9. — If the requested information or documents contain both confidential or prohibited information and those that can be disclosed, and if they can be separated from each other, the relevant information or document shall be presented to the applicant after the confidential or prohibited information has been removed. The reason for separation shall be communicated to the applicant in writing.
Access to information or documents
ARTICLE 10. — Institutions and organizations shall provide the applicant with a certified copy of the requested document.
In cases where it is not possible to provide a copy of the information or document due to its nature or if providing a copy would damage the original, institutions and organizations shall ensure that the relevant person;
a) For written or printed documents, can examine the original document and take notes,
b) For information or documents in the form of audio recordings, can listen to them,
c) For information or documents in the form of video recordings, can watch them,
In such cases, if it is possible to obtain the information or document in a different way without damaging the document, this option shall be provided.
The institution or organization where the application is made may collect a fee equal to the cost required for access to the information or documents from the applicant to be recorded as budget revenue.
Access periods for information or documents
ARTICLE 11.— Institutions and organizations shall provide access to the requested information or document within fifteen business days upon application. However, if the requested information or document is to be obtained from another unit within the institution or organization applied to; if it is necessary to obtain the opinion of another institution or organization regarding the application, or if the content of the application concerns multiple institutions and organizations, access to the information or document shall be provided within thirty business days. In this case, the extension of the period and the reason for it shall be communicated to the applicant in writing before the end of the fifteen business day period.
The fifteen business day period shall be interrupted by the notification of the cost required for access to the information or documents specified in Article 10 by the administration to the applicant. If the applicant does not pay the fee within fifteen business days, it shall be deemed that they have withdrawn their request.
Responses to applications
ARTICLE 12. — Institutions and organizations shall notify their responses regarding information requests to the applicant in writing or electronically. In case of rejection of the application, the reason for this decision and the means of appeal against it shall be specified.
Objection procedure
ARTICLE 13. — The applicant whose information request is rejected for reasons specified in Articles 16 and 17 may appeal to the Board within fifteen days from the notification of the decision without resorting to judicial remedies. The Board shall make its decision on this matter within thirty business days. Institutions and organizations are obliged to provide any information or documents requested by the Board within fifteen business days.
Appealing to the Board suspends the applicant's time limit for resorting to administrative jurisdiction.
Information Evaluation Board
ARTICLE 14. — An Information Evaluation Board has been established to examine the decisions made based on the reasons specified in Articles 16 and 17 regarding objections to information requests and to make decisions regarding the exercise of the right to information for institutions and organizations.
The Board consists of nine members, including two candidates proposed by the general assemblies of the Court of Cassation and the Council of State from their own institutions, one member who holds the title of professor or associate professor in the fields of criminal law, administrative law, and constitutional law, two members from among those who are at least at the level of general director, and one member to be selected by the Council of Ministers from among judges working in administrative positions in the Ministry of Justice upon the recommendation of the Minister of Justice.
The consent of the candidates proposed for Board membership is sought.
The Chair of the Board is elected by the members from among themselves.
The Board meets at least once a month or whenever necessary upon the call of the Chair.
The term of office for Board members is four years. Those whose term has expired may be re-elected. A member who leaves office before the end of their term is replaced by a member elected in the same manner, who completes the term of the member they replaced. The previous Board continues its duties until the newly elected Board begins its term.
Board members are paid a fee calculated by multiplying the monthly coefficient of civil servants by the indicator number of (1000) for those who have a public duty and (2000) for those who do not, provided that the provisions of the Law on Allowances dated 10.2.1954 and numbered 6245 are reserved. No deductions are made from these payments except for stamp duty.
The Board may establish commissions and working groups on the subjects it determines; it may also invite representatives of relevant ministries, other institutions and organizations, and non-governmental organizations to participate in its meetings to obtain information if deemed necessary.
The secretariat services of the Board are carried out by the Prime Ministry.
The principles and procedures regarding the duties and activities of the Board shall be regulated by a regulation to be prepared by the Prime Ministry and put into effect.
FOURTH SECTION
Limits of the Right to Information
Procedures outside judicial review
ARTICLE 15. — Administrative procedures that affect a person's working life and professional honor and are outside judicial review are included within the scope of this Law. The right to information obtained in this way does not result in the opening of the procedure to judicial review.
Information or documents related to state secrets
ARTICLE 16. — Information or documents that, if disclosed, would clearly harm the security, foreign relations, national defense, and national security of the State and are classified as state secrets are outside the scope of the right to information.
Information or documents related to the economic interests of the country
ARTICLE 17. — Information or documents that would harm the economic interests of the country or cause unfair competition and profit if disclosed or disclosed prematurely are outside the scope of this Law.
Information or documents related to intelligence
ARTICLE 18. — Information or documents related to the duties and activities of civil and military intelligence units are outside the scope of this Law.
However, if this information and documents affect individuals' working lives and professional honor, information and documents related to intelligence are within the scope of the right to information.
Information or documents related to administrative investigations
ARTICLE 19. — Information or documents related to administrative investigations conducted by the authorized units of institutions and organizations, if disclosed or disclosed prematurely;
a) Would result in an unjust intervention in individuals' private lives,
b) Would endanger the lives or safety of individuals or officials conducting the investigation,
c) Would jeopardize the security of the investigation,
d) Would lead to the disclosure of the source of information that must remain confidential or would make it difficult to obtain similar information and information sources related to the investigation,
Such information or documents are outside the scope of this Law.
Information or documents related to judicial investigations and prosecutions
ARTICLE 20. — If disclosed or disclosed prematurely;
a) Would lead to the commission of a crime,
b) Would jeopardize the prevention and investigation of crimes or the legal capture and prosecution of criminals,
c) Would hinder the proper execution of the judicial function,
d) Would violate the right to a fair trial of a person against whom a case has been filed,
Such information or documents are outside the scope of this Law.
The Code of Criminal Procedure dated 4.4.1929 and numbered 1412, the Code of Civil Procedure dated 18.6.1927 and numbered 1086, the Administrative Jurisdiction Procedure Law dated 6.1.1982 and numbered 2577, and other special law provisions are reserved.
Privacy of private life
ARTICLE 21. — Except for cases where the individual has given permission, information or documents that would constitute an unjust intervention in a person's health information, private and family life, honor and dignity, professional and economic values, are outside the scope of the right to information.
In cases where public interest requires, personal information or documents may be disclosed by institutions and organizations, provided that written consent is obtained from the relevant person at least seven days in advance.
Confidentiality of communication
ARTICLE 22. — Information or documents that violate the principle of confidentiality of communication are outside the scope of this Law.
Commercial secret
ARTICLE 23. — Information or documents classified as commercial secrets in the laws, as well as commercial and financial information provided by institutions and organizations from real or legal persons on the condition of confidentiality, are outside the scope of this Law.
Intellectual and artistic works
ARTICLE 24. — Information requests regarding intellectual and artistic works shall be subject to the relevant provisions of the law.
Internal regulations of institutions
ARTICLE 25. — Information or documents regarding regulations that do not concern the public and only relate to the personnel and internal practices of institutions and organizations are outside the scope of the right to information. However, the information rights of the employees affected by the said regulation are reserved.
Internal opinions, information notes, and recommendations
ARTICLE 26. — Opinions, information notes, proposals, and recommendations obtained by institutions and organizations to carry out their activities are within the scope of the right to information unless otherwise decided by the institution and organization.
Opinions of individuals, units, or institutions that are legally obliged to provide opinions in scientific, cultural, statistical, technical, medical, financial, legal, and similar fields are open to information requests, provided that they form the basis for the decisions to be made by institutions and organizations.
Requests for recommendations and opinions
ARTICLE 27. — Requests for recommendations and opinions are outside the scope of this Law.
Information or documents whose confidentiality has been lifted
ARTICLE 28. — Information or documents whose confidentiality has been lifted become open to information requests unless they fall within the scope of other exceptions specified in this Law.
FIFTH SECTION
Various and Final Provisions
Criminal provisions
ARTICLE 29. — Regarding public officials and other public servants who have negligence, fault, or intent in the implementation of this Law, the disciplinary penalties specified in the legislation they are subject to shall be applied, provided that the requirement for criminal prosecution of the acts they have committed is reserved.
Information and documents accessed through this Law cannot be reproduced or used for commercial purposes.
Preparation of reports
ARTICLE 30. — Institutions and organizations shall prepare a report showing;
a) The number of information requests made to them,
b) The number of requests that were positively responded to and access to information or documents was provided,
c) The number of rejected requests and their distribution,
d) The number of requests for which access to information or documents was provided by separating or excluding confidential or secret information,
e) The number of requests that were appealed after rejection and their results,
and send these reports to the Information Evaluation Board by the end of February each year. Related, affiliated, and connected public institutions and organizations shall submit their reports through the ministry they are affiliated with, related to, or connected to. The Board shall send its general report, along with the reports of the relevant institutions and organizations, to the Grand National Assembly of Turkey by the end of April each year. These reports shall be made public by the Presidency of the Grand National Assembly of Turkey within two months following.
Regulation
ARTICLE 31. — The regulation regarding the determination of the principles and procedures related to the implementation of this Law shall be prepared by the Prime Ministry within six months following the publication of the Law and put into effect by the Council of Ministers.
Enforcement
ARTICLE 32. — This Law shall come into force six months after its publication date.
Execution
ARTICLE 33. — The provisions of this Law shall be executed by the Council of Ministers.