2004 freedominfo.org Global Survey Results - Turkey
Text from the freedominfo.org Global Survey: Freedom of Information and Access to Government Records Around the World, by David Banisar (updated 12 May 2004)

The Law on Right to Information was adopted in October 2003 and went into effect on 24 April 2004. (1)

Citizens and legal persons have a right to information from public institutions and private organizations that qualify as public institutions. Non-citizens and foreign corporations based in Turkey also have a right to information related to them or their interests if the country they are from allows Turkish citizens to demand information from their authorities. Requests are to be made in writing or in electronic form if the identity of the applicant and their signature can be verified using for instance a digital signature.

Government bodies are required to respond in 15 days. They must provide either a certified copy of the document or when it is not possible to make a copy, the requestor can examine them at the institution. Oral requests are to be treated "with hospitality and kindness" and immediately reviewed and resolved if possible.

There are exemptions for state secrets which would clearly cause harm to the security of the state or foreign affairs or national defense and national security; would harm the economic interests of the state or cause unfair competition or enrichment; the duties and activities of the civil and military intelligence units; administrative investigations; judicial investigations or prosecutions; violate the private life or economic or professional interests of an individual; privacy of communications; trade secrets; intellectual property; internal regulations; internal opinions, information notes and recommendations if determined by the institution to be exempt; and requests for recommendations and opinions. Information relating to administrative decisions that are not subject to judicial review which affect the working life and professional honour of an individual are still subject to access. Other legal regulations which withhold information are overridden by the law.

Appeals of withholdings are to the Board of Review of the Access to Information. Appeals can then be made to a court. It can set up commissioners and working groups and invite government representatives and outside organizations to participate. Its secretariat is handed by the Prime Ministry.

Sanctions can be imposed under the criminal law and administratively against officials for negligently, recklessly or deliberately obstructing the application of the law.

Institutions must prepare reports on the application of the law and submit them to the Board of Review. The Board must produce an annual report to submit to the National Assembly which will be made public.

There will be two further laws to clarify the meaning of "state secrecy" and "trade secrets". It is expected that the draft bill on "state secrecy" will codify the existing practice of allowing officials to classify documents with little oversight or restrictions. The two draft bills were published by the Ministry of Justice in January 2004. They are due to be discussed by the Turkish Parliament later on this year.

A draft data protection bill was also produced by the Ministry of Justice during 2003 and will be considered by the Parliament during 2004.

Notes

1. Law on Right to Information; Law No. 4982, http://www.bilgiedinmehakki.org/pagesEN/4982.asp. Implemented by Circular 2004/12 "The exercise of the right of petition and access to information". Official Gazette No 25356, 2004 January 2004.