Access to public information in Turkey

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Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law. [1]

Contents

No specific right of access to information was enshrined in the 1982 Turkish Constitution that in Article 26 instead refers to the right of free expression, including the "right to receive information". In the 2001 amended Constitution, Article 74 specifically refers to the right to information establishing that everyone has the right to obtain information. Following the 2010 Constitutional amendments, the right to appeal to the Ombudsperson is also provided. [2] [3] [4] Access to public information is regulated by the Law on the Right to Information, Law No: 4982 of 2004. The law was introduced in the framework of the negotiations for accession to the European Union. [5]

On September 21, 2016, the Open Government Partnership (OGP) Steering Committee designated the inactive status of Turkey with regard to the OGP action plan which included, among other objectives, an improvement of the possibility to access public information for Turkish citizens. [6] The Steering Committee found that the Turkish government acted contrary to OGP process for two consecutive action plan cycles. [7]

In addition to Law No: 4982, in 2004 a circular by the Prime Minister on “The exercise of the right of petition and access to information” was also enacted (Circular No. 25356). It identifies the basis of this policy in the principle called “citizen oriented approach in public services”. [8]

According to Law No: 4982, the law applies to any natural and legal person who are entitled to apply to the institutions by way of exercising the right to information. Foreign residents can exercise the right “on the condition that the information that they require is related to them or the field of their activities and on the basis of the principle of reciprocity”. [9]

The law applies to “any written, printed or copied file, document, book, journal, brochure, etude, letter, software, instruction, sketch, plan, film, photograph, tape and video cassette, map of the institutions and the information, news and other data that are recorded and saved in electronic format that are within the scope of (the) law”. [9]

Government bodies are required to respond in 15 working days. They must provide either a certified copy of the document or when it is not possible to make a copy, applicants can examine them at the institution.

Initially, the Right to Information Assessment (Review) Council ( Bilgi Edinme Değerlendirme Kurulu - BEDK) provided very poor information about its activities and decisions. It started to publish all information on its decision only in 2008 with the launch of its website. [3] [10] The BEDK jurisdiction on appeals for denials to requests of information was originally limited to cases relating to national security and state economic interests. In November 2005, the Law was amended in order to allow any kind of appeal. [11] According to the 2016 EC progress report, the Board of Review of Access to Information was effective in its role of reviewing applicants' appeals and in publishing related decisions online. The report also notes that, however, there is no quality assurance in the responses given to applicants. [12]

According to Decision No. 2016/1 of August 4, 2016 on “Applications for Information on Measures and Transactions within the Context of Emergency State Decentralization Laws”, the applicants who ask for information and documents relating with (i) persons who are removed from the public service and (ii) institutions and organizations which are closed down under the Decree Laws in the State of Emergency Law, are excluded from the scope of the right to obtain information. [13]

According to the 2016 European Commission (EC) Progress Report on Turkey, the Law on access to public information is not fully aligned with international standards. Another problem highlighted by the EC is the failure to adopt pending legislation on state and trade secrets, which prevents to balance between confidentiality and transparency when assessing freedom of information requests. [12]

Exceptions

Under Articles No. 20- 28 of Law No. 4982, the right to information can be restricted if such information refers to:

In practice, protection of state secrets, commercial secrets and privacy were among the most common grounds for rejecting a request. [14] According to an expert, all these conditions largely nullify the legal provisions which are intended to protect the right to public information in Turkey. [5]

Access to public information in practice

The exercise of the right of access to public information is particularly problematic in the Turkish context, where the management of public affairs is characterized by a secretive approach to power and politics, and several problems affect the exercise of the right of free expression and media freedom. [5] The situation has been deteriorating with the state of exception following the attempted coup d'état of July 15, 2016, entailing severe limitations to media freedom and to dissemination of information, press freedom limitations, sanctions against newspapers and journalists, censorship and self-censorship. [5]

A right to information request can be made using the tr:CİMER website. [15]

In 2014, only 2,7% of requests for access to information were rejected, against 3,4% in 2013. [14] The share of appeals refused by the Board of Review of the Access to Information fell from 50,6% in 2013 to 36,3% in 2014. [14] According to the European Commission, more than 2 million applications a year for access to information were submitted both in 2015 and 2016. The percentage of requests refused remained small, approximately 3.7% up to June 2016 compared with 3% in 2015. [12]

Regarding the right to access information for lawyers, especially when they are assisting defendants accused with terrorism charges, they face serious problems. Their access to documents pertaining to the case can be restricted before the trial. [16]

On September 21, 2016, the Steering Committee of the Open Government Partnership (OGP) designated the inactive status of Turkey, for acting contrary to OGP process for two consecutive action plan cycles. The OGP action plan included, among other objectives, an improvement of the possibility to access public information for Turkish citizens. [6] The decision follows a resolution approved unanimously by the OGP Steering Committee during their May 4, 2016 ministerial level meeting in Cape Town, South Africa. That resolution called for the government of Turkey to take steps to re-engage in OGP, including the development of a National Action with broad civil society participation by September 1, 2016. [7]

See also

Related Research Articles


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The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), originally written to guarantee individual rights of everyone everywhere; while right to privacy does not appear in the document, many interpret this through Article 12, which states: "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks."

<span class="mw-page-title-main">Freedom of Information Act (United States)</span> 1967 US statute regarding access to information held by the US government

The Freedom of Information Act, 5 U.S.C. § 552, is the United States federal freedom of information law that requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the U.S. government, state, or other public authority upon request. The act defines agency records subject to disclosure, outlines mandatory disclosure procedures, and includes nine exemptions that define categories of information not subject to disclosure. The act was intended to make U.S. government agencies' functions more transparent so that the American public could more easily identify problems in government functioning and put pressure on Congress, agency officials, and the president to address them. The FOIA has been changed repeatedly by both the legislative and executive branches.

<span class="mw-page-title-main">Freedom of information</span> Freedom of a person or people to publish and consume information

Freedom of information is freedom of a person or people to publish and consume information. Access to information is the ability for an individual to seek, receive and impart information effectively. This sometimes includes "scientific, indigenous, and traditional knowledge; freedom of information, building of open knowledge resources, including open Internet and open standards, and open access and availability of data; preservation of digital heritage; respect for cultural and linguistic diversity, such as fostering access to local content in accessible languages; quality education for all, including lifelong and e-learning; diffusion of new media and information literacy and skills, and social inclusion online, including addressing inequalities based on skills, education, gender, age, race, ethnicity, and accessibility by those with disabilities; and the development of connectivity and affordable ICTs, including mobile, the Internet, and broadband infrastructures".

<span class="mw-page-title-main">Human rights in Turkey</span> Overview of human rights in the Republic of Turkey

Human rights in Turkey are protected by a variety of international law treaties, which take precedence over domestic legislation, according to Article 90 of the 1982 Constitution. The International Covenant on Civil and Political Rights (ICCPR) was not signed by Turkey until 2000. As of today, however, Turkey is party to 16 out of 18 international human rights treaties of the United Nations. The issue of human rights is of high importance for the negotiations with the European Union (EU). Acute human rights issues include in particular the status of Kurds in Turkey. The Kurdish–Turkish conflict has caused numerous human rights violations over the years. There is an ongoing debate in the country on the right to life, torture, freedom of expression as well as freedoms of religion, assembly and association.

Public records are documents or pieces of information that are not considered confidential and generally pertain to the conduct of government.

<span class="mw-page-title-main">Digital rights</span> Type of human and legal rights

Digital rights are those human rights and legal rights that allow individuals to access, use, create, and publish digital media or to access and use computers, other electronic devices, and telecommunications networks. The concept is particularly related to the protection and realization of existing rights, such as the right to privacy and freedom of expression, in the context of digital technologies, especially the Internet. The laws of several countries recognize a right to Internet access.

<i>Access to Information Act</i> Canadian freedom of information act

The Access to Information Act or Information Act is a Canadian Act providing the right of access to information under the control of a federal government institution. As of 2020, the Act allowed "people who pay $5 to request an array of federal files". Paragraph 2. (1) of the Act ("Purpose") declares that government information should be available to the public, but with necessary exceptions to the right of access that should be limited and specific, and that decisions on the disclosure of government information should be reviewed independently of government. Later paragraphs assign responsibility for this review to an Information Commissioner, who reports directly to parliament rather than the government in power. However, the Act provides the commissioner the power only to recommend rather than compel the release of requested information that the commissioner judges to be not subject to any exception specified in the Act.

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<span class="mw-page-title-main">Constitution of Turkey</span> Supreme law of the Republic of Turkey

The Constitution of the Republic of Türkiye, also known as the Constitution of 1982, is Turkey's fundamental law. It establishes the organization of the government and sets out the principles and rules of the state's conduct along with its responsibilities in regards to its citizens. The constitution also establishes the rights and responsibilities of the latter while setting the guidelines for the delegation and exercise of sovereignty that belongs to the Turkish people.

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Most Azerbaijanis receive their information from mainstream television, which is unswervingly pro-government and under strict government control. According to a 2012 report of the NGO "Institute for Reporters’ Freedom and Safety (IRFS)" Azerbaijani citizens are unable to access objective and reliable news on human rights issues relevant to Azerbaijan and the population is under-informed about matters of public interest.

<span class="mw-page-title-main">Access to public information in Europe</span>

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people's participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law. Access to public information builds on the principle that in a democratic system people should be in the condition of accessing a wide range of information in order to effectively participate in public life as well as on matters affecting them.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law. Access to public information builds on the principle that in a democratic system people should be in the condition of accessing a wide range of information in order to effectively participate in public life as well as on matters affecting them.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Transparency of media ownership is the public availability of accurate, comprehensive and up-to-date information about media ownership structures. A legal regime guaranteeing transparency of media ownership makes possible for the public as well as for media authorities to find out who effectively owns, controls and influences the media as well as media influence on political parties or state bodies. The disclosure of media ownership can be prescribed by generic regulation or by media-specific provision. Such measures may mandate the disclosure of information on media ownership structures to specific authorities or to the general public.

The Right of Access to Information Act No. F. 22 (30)/2017 creates the legal right to information and promotes government accountability and increased public participation in government.

References

  1. ↑ Freedom of Information, UNESCO. Retrieved2016-10-16.
  2. ↑ "Constitution of the Republic of Turkey" (PDF). global.tbmm.gov.tr. Retrieved March 6, 2017.
  3. 1 2 "Commercial laws of Turkey. An assessment by the EBRD". European Bank for Reconstruction and Development. May 2012. Retrieved 14 February 2017.{{cite journal}}: Cite journal requires |journal= (help)
  4. ↑ "Legislation on the right to information" (PDF). Prime Ministry. The Review Board of Access to Information. 1 December 2014. Archived from the original (PDF) on 2017-08-16. Retrieved 14 February 2017.{{cite journal}}: Cite journal requires |journal= (help)
  5. 1 2 3 4 Gülseren, Adaklı (21 February 2017). "Turchia: l'accesso alle informazioni ai tempi di Erdoğan". balcanicaucaso.org (in Italian). Osservatorio Balcani Caucaso Transeuropa / Bianet. Retrieved 21 February 2017.
  6. 1 2 "Turkey's Action Plan". opengovpartnership.org. Open Government Partnership Initiative. Retrieved March 6, 2017.
  7. 1 2 "Turkey made inactive in the Open Government Partnership". opengovpartnership.org. Open Government Partnership Initiative. Archived from the original on April 8, 2017. Retrieved March 6, 2017.
  8. ↑ "The exercise of the right of petition and access to information, Circular 2004/12" (PDF). bilgiedinmehakki.org. Official Gazette. January 24, 2004. Retrieved March 6, 2017.
  9. 1 2 Akdeniz, Yaman. "Freedom of Information in Turkey: A Critical Assessment of the Implementation and Application of the Turkish Right to Information Act 2003" (PDF). bilgiedinmehakki.org. bilgiedinmehakki.org. Retrieved March 6, 2017.
  10. ↑ "Bilgi Edinme Değerlendirme Kurulu (BEDK)". bedk.gov.tr (in Turkish). Archived from the original on March 7, 2017. Retrieved March 6, 2017.
  11. ↑ "5432 sayılı Bilgi Edinme Hakkı Kanununda Değişiklik Yapılmasına Dair Kanun". beb.aku.edu.tr (in Turkish). November 21, 2005. Retrieved March 6, 2017.
  12. 1 2 3 "Turkey 2016 Report" (PDF). European Commission. 9 November 2016. Retrieved 14 February 2017.{{cite journal}}: Cite journal requires |journal= (help)
  13. ↑ "Bilgi Edinme Değerlendirme Kuruluna itirazda bulunma süresi hakkında 01/09/2016 tarih ve 2016/2 sayılı İlke Kararı". bedk.gov.tr (in Turkish). Bilgi Edinme Değerlendirme Kurulu. Archived from the original on March 7, 2017. Retrieved March 6, 2017.
  14. 1 2 3 "Turkey 2015 Report" (PDF). European Commission. 10 November 2015. Retrieved 14 February 2017.{{cite journal}}: Cite journal requires |journal= (help)
  15. ↑ "Başbakanlık İletişim Merkezi (BİMER)". bimer.gov.tr. Archived from the original on March 7, 2017. Retrieved March 6, 2017.
  16. ↑ Knaul, Gabriela (May 4, 2012). "Report of the Special Rapporteur on the independence of judges and lawyers, Mission to Turkey". undocs.org. United Nations, Human Rights Council. A/HRC/20/19/Add.3. Retrieved March 24, 2017.

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