Access to Information

Click here to view Law No. 4982 on the Right to Information.

Regulation No. 4982 on the Right to Information

Regulation on the Principles and Procedures Governing the Implementation of the Law on the Right to Information

PART ONE

Purpose, Scope and Definitions

Purpose

Article 1 – The purpose of this Regulation is to set out the principles and procedures concerning the implementation of Law No. 4982 on the Right to Information, dated 9 October 2003, regarding the exercise of the right to information by natural and legal persons.

Kapsam

Scope

Article 2 – This Regulation shall apply to the activities of public administrations within the scope of the central government and their affiliated, related or associated institutions; local administrations, excluding villages, and their affiliated and related institutions, unions or companies; the Central Bank of the Republic of Türkiye, the Istanbul Stock Exchange and universities; all public institutions and organisations established under names such as institutes, enterprises, organisations and funds that possess public legal personality; and professional organisations having the status of public institutions.

Legal Basis

Article 3 – This Regulation has been prepared pursuant to Article 31 of Law No. 4982 on the Right to Information, dated 9 October 2003.

Definitions

Article 4 – For the purposes of this Regulation:

a) Institution or organisation means all authorities and bodies referred to in Article 2 and included within the scope of this Regulation, to which applications for information may be submitted,

b) Applicant means natural and legal persons who apply to institutions and organisations by exercising their right to information under Law No. 4982 and this Regulation,

c) Information means any data falling within the scope of Law No. 4982 and contained in the records of institutions and organisations,

d) Document means any written, printed or reproduced files, papers, books, journals, brochures, studies, letters, programmes, instructions, sketches, plans, films, photographs, audio and video recordings, maps, electronically recorded information, news, data carriers and similar materials held by institutions and organisations and falling within the scope of Law No. 4982,

e) Access to information or documents means providing the applicant with a copy of the requested information or document, depending on its nature, or, where providing a copy is not possible, allowing the applicant to examine the original, take notes, view its content or listen to it,

f) Board means the Review Board for Access to Information,

g) Law means Law No. 4982 on the Right to Information, dated 9 October 2003.

PART TWO

Right to Information, Obligation to Provide Information and Procedure for Providing Information

Right to Information

Article 5 – Everyone has the right to information within the framework of the principles and procedures established in the Law and this Regulation.

Foreign nationals residing in Türkiye and foreign legal entities operating in Türkiye may benefit from the provisions of the Law and this Regulation, provided that the information requested relates to themselves or their fields of activity and subject to the principle of reciprocity. Applications falling within this scope shall be submitted in Turkish.

The countries covered by the principle of reciprocity shall be announced in the Official Gazette by the Ministry of Foreign Affairs.

The rights and obligations arising from international agreements to which Türkiye is a party are reserved.

Measures to Be Taken Within the Scope of the Obligation to Provide Information

Article 6 – Institutions and organisations are obliged to make all information and documents, other than those covered by the exceptions set out in the Law, available to applicants in accordance with the principles and procedures established in the Law and this Regulation. They shall also take the necessary administrative and technical measures to ensure that applications for information are concluded effectively, promptly and accurately.

Institutions and organisations shall classify all information and documents in their possession that may be subject to an application for information in a manner that facilitates the exercise of the right to information. For this purpose, the necessary administrative and technical measures shall be taken regarding document registration, filing and archive systems.

To ensure the effective exercise of the right to information and to minimise the workload arising from applications, institutions and organisations shall make the following information available to the public by using information and communication technologies:

a) Institutional filing plans identifying the subjects of information or documents falling within their duties and service areas and the units in which such information or documents are held,

b) Fundamental decisions and procedures, purchases and sales of goods and services, projects and annual activity reports relating to their duties and service areas,

c) Laws, bylaws, regulations, decisions of the Council of Ministers or other regulatory instruments relating to their duties and service areas; where published, the date and issue number of the Official Gazette in which they were published; and the updated versions of the relevant legislation incorporating amendments.

Finalised activity and audit reports shall be made available for public review through appropriate means.

Within the framework of the Law and this Regulation, institutions and organisations shall redesign their institutional websites in accordance with this Article to ensure the effective exercise of the right to information and to minimise the workload arising from applications.

Institutions and organisations covered by this Regulation shall make such information available to the public separately for each unit through the same institutional website or, where necessary, through the website of the relevant unit by providing a link from the institutional website.

Institutions and organisations shall prepare institutional filing plans indicating the subjects of information or documents falling within their duties and service areas and the units in which they are held, in accordance with the principles established under the relevant legislation.

Institutional filing plans shall be kept at the right to information units established within the units responsible for press and public relations. A sufficient number of copies shall be made available for applicants. A copy of each institutional filing plan shall also be made available to the public through the institutional website.

To facilitate the electronic exercise of the right to information, the application forms contained in Annexes 1 and 2, together with the email addresses through which the right to information units accept applications, shall be published on the websites of institutions and organisations.

These application forms shall also be kept continuously available at the right to information units for the use of applicants.

Information or Documents That May Be Published Voluntarily

Article 7 – To ensure the effective exercise of the right to information and minimise the workload arising from applications, institutions and organisations may make the following types of information or documents available to the public through their websites:

a) Information or documents concerning organisational structure, duties, budget, revenues and expenditures,

b) Information concerning the number and status of personnel,

c) Information regarding the services provided,

d) Information concerning decision-making, service delivery and policy formulation methods,

e) Decisions affecting the public and the reasons for those decisions, policies, evaluations made by the administration in relation to them, and the fundamental information and data on which such decisions are based,

f) Information introducing the registration, filing and archive system,

g) Information concerning the procedure for submitting complaints and applications and the authority or authorised person to whom they should be submitted,

h) Statistical data, research reports, articles and other documents.

Establishment of Right to Information Units

Article 8 – Right to information units shall be established within the units of institutions and organisations responsible for press and public relations to ensure the effective exercise of the right to information and timely access to information and documents.

Institutions and organisations that do not have a unit responsible for press and public relations, or another unit performing similar functions, shall establish a right to information unit within an existing unit or appoint a right to information officer reporting directly to the head of the institution or organisation.

A sufficient number of personnel shall be assigned to right to information units. These units should have suitable physical premises and technical equipment to facilitate the submission of applications.

Upon request, personnel assigned to these units shall provide information, explanations and the necessary assistance regarding how to submit an application, the unit in which the requested information or document may be held and the procedures to be followed after submission. They shall also carry out the procedures relating to applications for information.

To enable applicants to obtain information about the subjects and types of information or documents held by institutions and organisations, institutional filing plans prepared under Article 6 shall be kept at the right to information units, and a sufficient number of copies shall be made available to applicants.

Information on the organisational structure, duties and service areas of institutions and organisations, brochures and publications prepared for promotional or training purposes, annual activity reports and reports concerning budgets and expenditures may also be kept at right to information units. Individuals may benefit from such informative publications.

PART THREE

Applications for Information

Application Procedure

Article 9 – An application for information submitted by a natural person shall be made to the institution or organisation holding the requested information or document by means of a petition containing the applicant’s full name, signature and residential or business address.

An application for information submitted by a legal person shall be made to the institution or organisation holding the requested information or document by means of a petition containing the legal person’s title and address, together with the signature and authorisation document of the authorised representative.

The requested information or documents shall be specified clearly and in detail in the petition. To facilitate prompt access, the subject of the requested information or document, its date and reference number, where available, the unit from which it is requested and any other necessary details shall be stated in the petition.

Applications concerning information or documents held by the provincial organisation of the central administration shall be submitted to right to information officers operating under the relevant governor’s or district governor’s office or to the relevant provincial unit.

Coordination among units in provinces and districts and the preparation of reports concerning these procedures shall be carried out by the right to information units within the governor’s and district governor’s offices.

Right to information units within governor’s and district governor’s offices shall forward applications concerning the central organisation to the relevant administration and inform the applicant accordingly.

Applications that are not explicitly stated to have been submitted under another law shall be deemed to have been submitted under the Law on the Right to Information.

Application petitions or forms are not required to be completed using a typewriter or produced as a computer printout. However, they shall be written or completed in a legible and comprehensible manner.

The date on which the application reaches the institution or organisation shall be considered the application date.

Application petitions may also be sent to institutions and organisations by post.

To facilitate prompt access to the requested information or document and to enable applications to be processed easily, applicants may use the forms contained in Annex 1 for natural persons and Annex 2 for legal persons.

However, natural and legal persons applying by email or fax are required to complete the forms contained in Annexes 1 and 2.

Applications Submitted Electronically or Through Other Means of Communication

Article 10 – An application for information may also be submitted electronically or through other means of communication, provided that the applicant’s identity and signature, or other information legally capable of identifying the originator of the application, can be established.

Applications submitted by natural persons via email shall be made by completing the form contained in Annex 1 and sending it to the email address of the right to information unit of the institution or organisation holding the requested information or document.

In addition to the applicant’s full name and residential or business address, the applicant’s Turkish Republic identification number shall be provided for identity verification purposes.

Applications submitted by legal persons via email shall be made by completing the form contained in Annex 2 and sending it, together with the authorisation document, to the email address of the right to information unit of the institution or organisation holding the requested information or document.

The title and address of the legal person and the Turkish Republic identification number of the authorised representative shall also be provided. The authorisation document shall be transferred into electronic form using appropriate electronic means and submitted together with the application.

A Turkish Republic identification number shall not be required for applications submitted by natural or legal persons using an electronic signature in accordance with Electronic Signature Law No. 5070.

For applications submitted by email, the date on which the application form reaches the email address of the institution’s or organisation’s right to information unit shall be considered the application date.

Right to information units of institutions and organisations shall create an institutional email address for electronic applications and publish it on their websites.

Institutions and organisations may respond electronically to applications submitted electronically or may respond in writing, depending on the nature of the requested information or document.

Where the requested information or document cannot be provided through these means, the applicant shall be allowed to examine it on site, take notes, listen to it, view it or watch it.

Application petitions may also be sent to institutions and organisations by fax.

For applications submitted by fax, natural persons and persons authorised to represent legal persons shall additionally provide their Turkish Republic identification numbers.

Where the applicant requests a response by fax, the fax number to which the response should be sent shall also be stated in the petition.

Institutions and organisations may respond to applications submitted by fax through fax, electronically or in writing, depending on the nature of the requested information or document.

Where the requested information or document cannot be provided through these means, the applicant shall be allowed to examine it on site, take notes, listen to it, view it or watch it.

The date on which the application petition sent by fax reaches the right to information unit of the institution or organisation shall be considered the application date.

Applications Submitted by Persons with Disabilities

Article 11 – Where other information or special marks capable of identifying the applicant are provided, such information or marks may be used in place of a signature for applicants with disabilities.

Nature of the Information or Documents Requested

Article 12 – An application for information shall concern information or documents that are held by the institution or organisation to which the application is submitted or that are required to be held by that institution or organisation by virtue of its duties.

Institutions and organisations may reject applications requesting information or documents that could only be produced through a separate or special study, research, examination or analysis, or applications concerning a procedure that has not yet been finalised.

Information or documents whose date of disclosure or announcement has previously been specified and whose premature disclosure could harm the public interest or be used to obtain personal benefit shall not be disclosed or made accessible before the specified date.

Published or Publicly Disclosed Information or Documents

Article 13 – Information or documents published or otherwise disclosed to the public by institutions and organisations through books, brochures, announcements or similar means may not be the subject of an application for information.

However, applicants shall be informed of how, when and where publicly accessible information or documents have been published, disclosed or made electronically available by the institution or organisation.

Acceptance, Evaluation and Processing of Applications

Article 14 – Application petitions or forms shall be accepted by the right to information units of institutions and organisations.

After verifying whether the petitions or forms comply with Article 9, right to information units shall register them and, where applicants are present in person, issue a receipt indicating the date and reference number of the application.

Application petitions or forms received by any unit other than the right to information unit shall immediately be forwarded to the right to information unit without being processed.

Application petitions or forms that do not contain the elements specified in Article 9, and petitions or forms submitted by email that do not contain the elements specified in Article 10, shall not be processed. The applicant shall be informed accordingly.

Where it is subsequently determined that an applicant has made a false declaration, the application petition or form shall not be processed and shall be deemed never to have been submitted as of the date on which the false declaration was discovered.

For applications submitted by email, the Turkish Republic identification number provided by the applicant may, where necessary, be checked through the website of the General Directorate of Civil Registration and Nationality of the Ministry of Interior to verify whether the full name provided by the applicant is correct.

Applications submitted using a false name shall not be processed.

After an application petition or form has been registered, it shall be forwarded to the relevant unit of the institution or organisation within no more than two business days.

The forwarding correspondence shall specify the unit responsible for responding to the application and the deadline by which the applicant must receive a response.

The necessary delegation of authority shall be carried out in accordance with the relevant legislation to ensure that such correspondence is transmitted promptly to the relevant units.

Applications received by email shall be forwarded to the relevant units electronically or by delivering a printed copy of the application.

The unit responsible for responding and the deadline for providing the requested information or document to the applicant shall also be specified.

Right to information units shall perform their duties in coordination with the other relevant units of the institution or organisation, in accordance with the principles and procedures established in the Law and this Regulation.

The security of information or documents contained in applications received electronically or in writing shall be ensured in accordance with the general provisions applicable within the institution or organisation.

Assistance to Applicants

Article 15 – Personnel assigned to right to information units are obliged to guide applicants and assist them in exercising their rights under the Law.

For this purpose, personnel shall identify formal deficiencies in petitions or forms at the time of application and guide applicants on how such deficiencies may be corrected.

Unclear Requests for Information or Documents

Article 16 – Where the information or documents requested in an application petition or form are not sufficiently clear and comprehensible, the institution or organisation may inform the applicant of the reasons why the request is unclear and request additional information.

In such cases, the 15-day period specified in Article 20 shall begin on the date on which the deficiencies are fully remedied.

Referral of Applications to Other Institutions and Organisations

Article 17 – Where the requested information or document is held by an institution or organisation other than the one to which the application was submitted, the application petition or form shall be forwarded to the right to information unit of the relevant institution or organisation. The applicant shall be informed accordingly.

An application referred in this manner shall be deemed to have been submitted on the date on which it is received by the institution or organisation holding the information or document. The original application date shall not be taken into account when calculating the relevant periods.

Where the institution or organisation receiving an application holds the requested information or document but determines that it originated from, or falls within the duties of, one or more other institutions or organisations, it may obtain the views of those institutions or organisations before providing access.

In such cases, access shall be provided within 30 business days. The applicant shall be informed of the extension and the reasons for it before the expiry of the initial 15-business-day period.

An institution or organisation from which an opinion is requested shall be given no fewer than five business days to submit its opinion.

The officials of the institution or organisation from which an opinion is requested shall share the same responsibility for providing a timely response as the officials of the institution or organisation receiving the application.

Where the content of an application concerns more than one institution or organisation, the institution or organisation receiving the application may request the portions of the relevant information or documents that it does not hold from the other institutions or organisations concerned.

In such cases, access shall be provided within 30 business days. The applicant shall be informed of the extension and the reasons for it before the expiry of the initial 15-business-day period.

PART FOUR

Access to Information or Documents

Responding to Applications

Article 18 – Applications forwarded by right to information units shall be answered by the relevant units of institutions and organisations.

Where the unit responsible for responding must obtain the requested information or document from another unit within the institution or organisation, requires the opinion of another institution or organisation, or where the content of the application concerns more than one institution or organisation, Article 17 shall apply.

Institutions and organisations shall notify applicants of their responses to applications in writing or electronically.

However, responses sent by email shall be transmitted through the institution’s or organisation’s right to information unit.

A response prepared for an application shall be sent by the relevant unit to the right to information unit in writing or electronically.

The date on which an application is considered to have been answered shall be the date indicated on the response issued by the institution or organisation.

The necessary examination and research concerning applications shall be conducted by the unit responsible for responding, and applications shall be answered within the periods specified in Article 20.

For all applications answered positively or negatively, a copy of the response sent to the applicant, excluding its annexes, shall also be sent to the right to information unit.

Where an application is rejected, the reasons for the decision and the available application or appeal procedures and time limits shall be specified.

Failure to respond to an application within the periods specified in the Law due to the negligence or fault of public officials shall not eliminate the institution’s or organisation’s obligation to respond.

Repeated applications submitted by the same persons concerning matters that have already been answered, and applications of an abstract and general nature, shall not be processed. The applicant shall be informed accordingly.

Procedure for Accessing Information or Documents

Article 19 – Where a document is requested from an institution or organisation, the applicant shall be provided with a certified copy of the requested document.

Information or documents in electronic form may be provided by email, data storage disks or other media.

Where providing a copy is impossible due to the nature of the information or document, or where making a copy would damage the original, institutions and organisations shall allow the applicant:

a) To examine and take notes from the original in the case of written or printed documents,

b) To listen to the information or documents in the case of audio recordings,

c) To watch the information or documents in the case of video recordings.

For this purpose, the applicant shall be informed, within the applicable access period, of how, when and where access will be provided and of any other matters considered necessary.

When access is provided in this manner, the risks of alteration, destruction, theft or other damage to the information or document shall be assessed. At least one official shall supervise the applicant, and any other necessary measures shall be taken.

Where it is possible to obtain the information or document through a method other than those specified above, access shall be provided on the condition that the document is not damaged.

Time Limits for Access to Information or Documents

Article 20 – Institutions and organisations shall provide access to the requested information or document within 15 business days following the application.

However, where the requested information or document must be obtained from another unit within the institution or organisation, where the opinion of another institution or organisation is required, or where the application concerns more than one institution or organisation, access shall be provided within 30 business days.

In such cases, the applicant shall be informed of the extension and the reasons for it before the expiry of the initial 15-business-day period.

Providing Information or Documents After Separating Confidential Information

Article 21 – Where requested information or documents contain both classified information, or information whose disclosure is prohibited, and information that may be disclosed, and these portions can be separated, the information or document shall be made available to the applicant after the classified or prohibited information has been removed.

The reasons for such separation shall be communicated to the applicant in writing.

Application Fees

Article 22 – Institutions and organisations may charge applicants a fee proportionate to the examination, research, copying, postage and other costs required to provide access to information or documents.

For this purpose, institutions and organisations shall determine an information access fee schedule each year in accordance with the principles established in the annual budget law.

Institutions and organisations may also charge a fee proportionate to the examination, research and other costs required to provide access to information or documents via email.

Institutions and organisations shall inform the applicant, within 15 days of the application date, of the cost of access to the requested information or documents and where payment must be made.

The applicable 15- or 30-business-day period shall be suspended when the institution or organisation notifies the applicant of the cost of access.

Where the applicant fails to submit proof of payment within 15 business days of receiving the notification, the applicant shall be deemed to have withdrawn the request.

Fees requested by public institutions and organisations for access to information or documents shall be deposited with the relevant accounting office, or into accounts opened on behalf of such accounting offices at banks, other financial institutions or branches of the Turkish Post and Telegraph Corporation, to be recorded as revenue in the budget of the relevant institution or organisation.

Fees requested by professional organisations having the status of public institutions shall be deposited into an account opened in the name of the relevant professional organisation.

Requests Concerning Information or Documents Exempted Under the Law

Article 23 – Applications concerning matters designated as exceptions to the right to information under the Law shall be rejected, and the decision shall be communicated to the applicant together with its reasons.

Appeal Procedure

Article 24 – An applicant whose request for information has been rejected on the grounds specified in Articles 16 and 17 of the Law may appeal to the Review Board for Access to Information within 15 days of receiving the decision, before applying for judicial review.

The appeal shall be submitted in writing. The Board shall issue its decision within 30 business days.

Where an institution or organisation fails to provide either a positive or negative response within the periods specified in Article 20, the application shall be deemed rejected after the expiry of 60 days pursuant to Article 10 of Administrative Judicial Procedure Law No. 2577.

An applicant whose request is deemed rejected under the second paragraph on the grounds specified in Articles 16 and 17 of the Law may submit a written appeal to the Board within 15 days of the commencement of the period for initiating legal proceedings, before applying for judicial review.

The Board shall issue its decision within 30 business days.

An appeal submitted to the Board shall suspend the time limit for initiating proceedings before the administrative courts.

Decisions of the Board

Article 25 – Upon appeals concerning applications for information, the Board shall examine and decide upon decisions issued on the grounds specified in Articles 16 and 17 of the Law.

The Board shall also issue decisions for institutions and organisations concerning the exercise of the right to information.

The Board is authorised to regulate matters concerning the exercise of the right to information.

Information or Documents Requested by the Board

Article 26 – Following an appeal submitted to the Board by an applicant whose request was rejected on the grounds specified in Articles 16 and 17 of the Law, the Board may request any information or document from the institution or organisation to which the application was originally submitted.

Institutions and organisations are obliged to provide any information or document requested by the Board within 15 business days.

In connection with an appeal, the Board may also request the written or oral opinions of the applicant and the institution or organisation concerned, obtain the opinions of experts and carry out any other examination it considers necessary.

The principle of confidentiality shall be observed in protecting and retaining classified information or documents submitted to the Board and classified opinions, evaluations and examinations obtained by the Board.

The chair and members of the Board, together with all personnel who compile or evaluate such information, are obliged to comply with the requirements of confidentiality.

This obligation shall continue after the chair, members and other personnel leave their positions.

PART FIVE

Limitations on the Right to Information

Information or Documents Concerning State Secrets

Article 27 – Classified information or documents that constitute State secrets by their nature and whose disclosure would clearly harm the security, foreign relations, national defence or national security of the State are outside the scope of the right to information.

Information or Documents Concerning the Country’s Economic Interests

Article 28 – Information or documents whose disclosure or premature disclosure would harm the country’s economic interests or cause unfair competition or unjust gain are outside the scope of the right to information.

Information or Documents Concerning Intelligence

Article 29 – Information or documents concerning the duties and activities of civilian and military intelligence units are outside the scope of the right to information.

However, where such information or documents may affect an individual’s professional life or professional reputation, they may be subject to the right to information in accordance with the following principles and procedures:

a) Applications for information shall be submitted personally by the individual concerned or by a representative specifically authorised through a special power of attorney relating to the matter.

b) Among information or documents concerning the duties and activities of civilian and military intelligence units, only information or documents affecting the professional life or professional reputation of the individual concerned and processed or evaluated as the basis of an administrative procedure concerning that individual shall be considered within the scope of the right to information.

c) Applications concerning intelligence information or documents requested from intelligence units by institutions or organisations as the basis of their procedures, and subsequently evaluated and provided by the intelligence units for their use, shall be submitted to the right to information unit of the institution or organisation that requested the relevant research or investigation. Access shall be provided by that institution or organisation.

Information or Documents Concerning Administrative Investigations

Article 30 – Information or documents relating to administrative investigations conducted by authorised units of institutions and organisations are outside the scope of the right to information where their disclosure or premature disclosure would:

a) Clearly result in an unjustified interference with an individual’s private life,

b) Endanger the life or safety of individuals or officials conducting the investigation,

c) Jeopardise the security or integrity of the investigation,

d) Reveal a confidential source of information or make it difficult to obtain similar information or sources relating to the investigation.

Information or Documents Concerning Criminal Investigations and Prosecutions

Article 31 – Information or documents are outside the scope of the right to information where their disclosure or premature disclosure would:

a) Lead to the commission of an offence,

b) Jeopardise the prevention or investigation of offences or the lawful apprehension and prosecution of offenders,

c) Prevent the proper performance of judicial duties,

d) Violate the right to a fair trial of a person against whom legal proceedings have been initiated.

The provisions of Criminal Procedure Law No. 1412, Code of Civil Procedure No. 1086, Administrative Judicial Procedure Law No. 2577 and other special laws are reserved.

Privacy

Article 32 – Except where the individual concerned has given permission, information or documents whose disclosure would constitute an unjustified interference with an individual’s health information, private or family life, honour and dignity, or professional and economic interests are outside the scope of the right to information.

Where required by the public interest, personal information or documents contained in the records of institutions and organisations may be disclosed by the relevant institution or organisation, provided that the individual concerned is notified at least seven days in advance and written consent is obtained.

Confidentiality of Communications

Article 33 – Information or documents whose disclosure would violate the confidentiality of communications are outside the scope of the right to information.

Trade Secrets

Article 34 – Information or documents designated as trade secrets under the law, together with commercial and financial information obtained by institutions and organisations from natural or legal persons on the condition that it remains confidential, are outside the scope of the right to information.

Intellectual and Artistic Works

Article 35 – Applications for information concerning intellectual and artistic works shall be governed by the provisions of the relevant laws.

Internal Regulations

Article 36 – Information or documents concerning regulations that do not affect the public and relate solely to the personnel and internal practices of institutions and organisations are outside the scope of the right to information.

However, the right to information of employees affected by such regulations is reserved.

Internal Opinions, Information Notes and Recommendations

Article 37 – Opinions, information notes, proposals and recommendations obtained by institutions and organisations for the purpose of carrying out their activities fall within the scope of the right to information unless otherwise decided by the institution or organisation.

Opinions issued by persons, units or institutions legally responsible for providing opinions in scientific, cultural, statistical, technical, medical, financial, legal or similar fields shall be open to requests for information where they form the basis of decisions to be taken by institutions and organisations.

Requests for Advice and Opinions

Article 38 – Applications requesting advice or an opinion are outside the scope of the right to information.

Information or Documents Whose Confidentiality Has Been Removed

Article 39 – Information or documents whose confidentiality has been removed in accordance with the relevant legislation shall become accessible through applications for information, provided that they do not fall under any of the other exceptions established in the Law.

PART SIX

Miscellaneous and Final Provisions

Archival Materials and Materials of Archival Value

Article 40 – The provisions established by Council of Ministers Decision No. 2002/3681, dated 31 January 2002, shall apply, except for the time limits, to the conditions and obligations governing applicants’ use of archival materials and materials of archival value held by the General Directorate of State Archives or other archives providing research services, and to the provision of copies of archival materials.

Administrative Procedures Excluded from Judicial Review

Article 41 – Administrative procedures excluded from judicial review shall fall within the scope of the right to information where they may affect an individual’s professional life or professional reputation.

However, the provision of information under this Article shall not make the relevant procedure subject to judicial review.

Supervision and Penal Provisions

Article 42 – Practices relating to applications submitted within the scope of the right to information shall be supervised by the administrators of institutions and organisations in accordance with the applicable legislation.

Without prejudice to criminal proceedings that may be required under the general provisions, disciplinary penalties prescribed in the legislation applicable to civil servants and other public officials shall be imposed on those whose negligence, fault or intent contributes to a violation in the implementation of the Law or this Regulation.

Information and documents accessed in accordance with the principles and procedures specified in the Law and this Regulation may not be reproduced or used for commercial purposes or published without the permission of the institution or organisation that provided access.

Persons who reproduce, use or publish information or documents obtained in violation of this paragraph for commercial purposes shall be subject to the provisions of the applicable laws concerning criminal and civil liability.

Training

Article 43 – Institutions and organisations shall provide their personnel with the necessary training concerning the implementation of the Law and this Regulation and shall organise training programmes for this purpose.

Preparation of Reports

Article 44 – Institutions and organisations shall prepare a report for the preceding year containing:

a) The number of applications for information received,

b) The number of applications answered positively and for which access to information or documents was provided,

c) The number of applications rejected and statistical information showing the distribution of the reasons for rejection,

d) The number of applications for which access was provided after confidential or secret information had been removed or separated,

e) The number of appeals submitted following the rejection of applications and the outcomes of those appeals.

Such reports shall be submitted to the Review Board for Access to Information by the end of February each year.

The reports shall be prepared under the coordination of right to information units.

Affiliated, related and associated public institutions and organisations shall submit their reports through the ministry with which they are affiliated, related or associated.

The Board shall submit its general report, together with the reports of the relevant institutions and organisations, to the Grand National Assembly of Türkiye by the end of April each year.

These reports shall be disclosed to the public by the Office of the Speaker of the Grand National Assembly of Türkiye within the following two months.

Provisional Article 1

Institutions and organisations shall establish right to information units in accordance with Article 8 within one month.

Provisional Article 2

Within three months of the publication of this Regulation, institutions and organisations shall prepare the institutional filing plans specified in Article 6 in a manner that facilitates the exercise of the right to information and shall make them available to the public using information and communication technologies.

Provisional Article 3

The necessary legislative amendments and other regulatory arrangements concerning document registration, filing and archive systems within institutions and organisations shall be completed within six months.

Provisional Article 4

Institutions and organisations that do not have an institutional website shall establish one within two months.

Provisional Article 5

Within two months, the right to information units of institutions and organisations shall create email addresses through which applications may be accepted and shall publish those addresses on their websites.

Provisional Article 6

Until the principles concerning the application fees referred to in the first paragraph of Article 22 are established, institutions and organisations may charge fees in accordance with fee schedules determined by them for the year 2004.

However, no fee, including postage costs, shall be charged for copies of the first ten pages of information or documents made accessible.

Entry into Force

Article 45 – This Regulation shall enter into force on the date of its publication, with effect from 24 April 2004.

Execution

Article 46 – The provisions of this Regulation shall be executed by the Council of Ministers.