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Access to public information in Turkey information


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]

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]

  1. ^ Freedom of Information, UNESCO. Retrieved 2016-10-16.
  2. ^ "Constitution of the Republic of Turkey" (PDF). global.tbmm.gov.tr. Retrieved March 6, 2017.
  3. ^ "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. ^ 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. ^ "Turkey's Action Plan". opengovpartnership.org. Open Government Partnership Initiative. Retrieved March 6, 2017.
  7. ^ "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.

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