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Directive on Principles and Procedures regarding Application of Right to Information Act
CHAPTER ONE Scope Legal Basis
Definitions
CHAPTER TWO Right to Information Clause 6- Company and institutions are obligated to take necessary administrative and technical actions to provide all kinds of information and documentation – other than exceptions described in the Act – in accordance with the principles and procedures set out in the Act and this regulation and to finalize applications for information efficiently, rapidly and properly. Company and institutions classify all information or documentation which are present and may be subject to an application for information, as to facilitate use of right to information. To this end, company and institutions take necessary administrative and technical actions in regard to arrangement of document registry, filing and archive. To minimize work load resulting from ensuring efficient use of right to information and applications for information acquisition; using information and communication technologies institutions and organizations release;
Finalized activity and audit reports are made public for review by proper means. Within the framework of the provision of the Act and this regulation, institutions and organizations revise their official web pages in accordance with the provisions of this Clause in order to minimize work load resulting from ensuring efficient use of right to information and applications for information. Institutions and organizations within the scope of this regulation submit such information on single unit basis over same official web page to public for information; or giving link of official web page over relevant unit’s web page in case of obligatory cases. Companies and institutions shall arrange their institutional file plans containing subjects of information or documentation within the field of their duties and services and in which department they are available, in accordance with the principles set out in the relevant legislation. Institutional file plans are kept under information acquisition units to be established under departments in charge for press and public relations of company and institutions, and adequate number of copies are submitted to applicants for use. One copy for institutional file plans is released to public for information on official web pages of institutions and organizations. In order to facilitate use of right to information in electronic media, applications are accepted upon sending application forms enclosed in Appendix-1 and Appendix-2 to information acquisition units of institutions and organizations via e-mail and e-mail addresses are announced on web pages of institutions and organizations. In addition, application forms are always available in information acquisition units for use of applicants. Information or documentation that may be published arbitrarily Clause 7- In order to ensure efficient use of right to information and minimize work load resulting from applications for information, institutions and organizations may submit such kinds of information or documentation written below, to public for information on their web pages:
Clause 8- Information acquisition units are established in order to ensure efficient use of right to information at departments of institutions and organizations in charge for press and public relations, and to provide access of information or documentation in time. In order to ensure efficient use of right to information and to provide access of information or documentation in time; other institutions and organizations who has no department in charge for press and public relations or executing duties similar to those of that department establish information acquisition units under a department within the company and institution or assign an information acquisition official directly under institution’s executive. Adequate number of personnel is employed under information acquisition units. Having physical and technical equipment to facilitate making applications for information is essential for these units. Personnel in charge under these departments provide information and make explanations about how to make the application, information or documentation requested are available in which department of the company and organization and procedures after application upon request of relevant persons who will use their right to information, provide required assistance and carry out the transactions related to applications for information. In order to acquaint relevant persons who made application for information with the issues that what the information or documents are about or what kind of information or documentation are on institution’s and organization’s hand, institutions and organizations keep institutional file plans to be prepared by them in accordance with the provisions of Information acquisition units may keep information about organizational structures of institutions and organizations and their field of duty and service, brochures and publications intended for promotion or training, annual activity reports and reports regarding budget and expenditures. People may benefit from such kind of promotional publications.
CHAPTER THREE Procedure for Application Application for information acquisition to be made by legal entities; is to be made with a petition including title and address of legal entity as well as signature of authorized and authorization letter, before the company and organization which possess the information or documentation requested. Information or documentation requested is stated expressly on the petition. In order to ensure rapid access to the information or documentation, subject, number of the information or documentation requested and from which department of the company and organization it is requested and other required issues are stated on the petition. Applications regarding information or documentation which is available at Central administration’s rural organization, are made before information acquisition officials acting under governorship or district governorship and/or relevant departments under rural organization. Coordination between departments in province and districts, as well as preparation of reports regarding these transactions is performed by information acquisition units under governorship and district governorship. Information acquisition units under governorship and district governorships send the applications made to relevant administration and inform the applicant. Applications not including the issue that they are made pursuant to another Act are deemed as made within the scope of Right to Information Act. Filling application petitions / forms via typing or being printout is not required as a qualification. However, application petitions / forms should be written or filled legibly and understandably. Date when application received by company and organization is the date of application. Application petitions may be sent to institutions and organizations via mail. In order to ensure rapid access to information or documentation requested and to put information acquisition requests in process readily upon application, applicants may benefit from the form enclosed in Appendix – 1 (if applicant is a real entity) / Appendix – 2 (if applicant is a legal entity), when they submit their petition regarding application for information acquisition if they will. However, real and legal entities that will make an application via e-mail or facsimile must fill the forms enclosed in Appendix-1 and Appendix-2. Applications to be made in electronic media or by other communication means Clause 10- Application for information acquisition may be made in electronic media or by other communication means provided that other information are legally specifiable which will be useful for determination of identity and signature of the person or by whom the writing is issued For the applications to be made by natural persons via electronic mail; application will be made to the electronic e-mail address of the Right to Information Unit of the company or institution that has the requested information and document by filling the form attached(Appendix-1). This application contains the ID number in addition to the name and surname of the applicant, residence or work address in order to verify the identity. For the applications to be made by legal persons via electronic mail; application will be made to the electronic e-mail address of the Right to Information Unit of the company or institution that has the requested information and document by filling the form (Appendix-2). This application contains title of the legal person, address and the ID number of authorized person and authorization document. Authorization document is sent by translating to the electronic media by using appropriate means. Applications made via electronic mail, the application form reaches the electronic mail address of the institution or organization to obtain information on the unit, contact history. For applications made via electronic mail, institutions and organizations to obtain information units, an electronic mail address of the corporate form for this purpose is published on the internet pages of the corporate form. Institutions and organizations can answer in an electronic environment to the application made in the electronic environment, according to the nature of the requested information or document, may also respond in writing. This means, if not possible to give the requested information or document, such information or document is examined over the notes, to get the needed, seen, or watch the opportunity provided. Letter of application can be sent via fax to institutions and organizations. However, also in applications made by fax, natural persons and legal entities of persons authorized to represent the TC ID numbers are indicated. Transmitted by fax petition, petitioner wishes to respond to him via fax, the fax number to answer the petition also must be indicated Institutions and organizations, for applications made by fax, as can respond electronically or by fax, according to the nature of the requested information or document may also respond in writing.This means, if not possible to give the requested information or document, such information or document is examined over the notes, to get the needed, seen, or watch the opportunity provided. Application date is the date institutions and organizations to obtain information units receives the petition sent by fax. Clause 11 - The applicant or any other information like special signs will help to determine the identity of anyone in the event of handicapped or special markings in terms of this information is used to replace the signature. Clause 12 - The application of information should be related to the institutions and organizations information or documentation at their disposal Institutions and organizations; or a separate study, research, examination or analysis that can be created as a result of applications made for any information or document has not perfected may give a negative answer to applications for information or documents for a transaction. Described in a certain date to be announced as previously stated, if premature disclosure would damage the public interest or personal interest that can be used to provide information or documents cannot be disclosed before the date specified, be given access to it. Clause 13 - Books, brochures, advertisements and documents published by Institutions and organizations and which are publicly available or similar means can not be subject to the application. However, in specified ways, made public in the first paragraph or electronic media published by institutions and organizations open to the public's access to information or documents how, when and where it is published or notified and explained to the applicant. Clause 14 - Petition or application forms are accepted by institutions and organizations of information units. Information units, as specified in Article 9 of the petition or application forms had not been given on condition that after checking their documents to applicants registering their presence, gives a receipt showing the date and number of the application. Any other units of the institutions and organizations to obtain information sent the petition or application forms without processing of information immediately. Forms do not contain the elements specified in Article 9 of the petition or sent via electronic mail does not contain the elements specified in Article 10 petition or application forms will not be processed and the status to the applicant. Misrepresentation or petition forms which are not understood of applicants or the date, any application deemed not to be understood that the situation will not be processed. Applications of information via electronic mail, the applicant natural or legal persons TC identification number, the website of the Ministry of Interior General Directorate of Population and Citizenship Affairs, and the surname is the name given by the applicant in order to determine whether the query is needed. Applications lacking real and correct names and surnames will not be processed. After saving the application or petition form, no later than two business days to the relevant units within the institution or organization. In this paper, the application, which answered by unit and the applicant indicated the date by which to respond. This type of writing required for transmitting the transfer of authority to quickly process the relevant units shall be made in accordance with relevant legislation. Applications received via electronic mail to related units, transmitting by electronic media or computer printouts are sent to the application. Application, which will also answered by unit and the date by which the applicant about the requested information or documents specified to respond. Institutions and organizations to obtain information units, according to the principles and procedures set forth in this Law and relevant institutions and organizations shall discharge their duties in coordination with other units. Applications received electronically or in writing or document information security, agencies and organizations is provided in accordance with general provisions. Uncertainty of the requested information or documents Opinion asked to institutions and organizations can not be less than five business days to write a comment. Opinion asked officials of the institutions and organizations, concerned to respond in time is concerned, he made contact with representatives of agencies and organizations share the same responsibility. The contents of multiple agencies and organizations in the event of interest, he made contact with organizations and agencies, other organizations and institutions do not have the requested information or portion of the document itself, the relevant institutions and organizations may request information or documents. In this case, access to information or documents provided within thirty business days. In this case, the extension of time and reason to the applicant shall be notified before the end of the five business day period. CHAPTER FOUR Responding to the applications Institutions and organizations learn the answers to the application for the applicant shall notify in writing or electronically. However, the applicant will be given via electronic mail, answers, information units are sent through the institutions and organizations. Prepared to answer this context a reference by the relevant units of information units are sent in writing or electronically. Answered the application date, institution or organization on the date of article is the answer. Information about the application for the necessary analysis and research, the application is made by the unit will respond, and applications are answered within the time periods specified in Article 20. All applications will be positive or negative response, sent to the applicant a copy of type, text information units are also sent with the exception of attachments. Rationale for this decision can be made against the application be rejected and the application procedures and times indicated Due to negligence or culpable conduct of public officials, responded application within the period specified in the law, institutions and organizations to eliminate the obligation to respond Previously made by the same people again, in case the answer is abstract and general nature of the application is not processed and this is notified to the applicant. Procedures for access to information or documents Clause 19 - Institutions and organizations of the document, if desired, the applicant requested a copy of the document is approved. Information or documents in electronic media, electronic mail, disks, and other tools can be used to copy data. Inherently not possible to give a copy of the information or documents or copies of actual detrimental to the removal of cases, institutions and organizations of the applicant;
To this end, access, how, when and where you will be provided with other matters deemed necessary, the applicant shall be notified in access time. In this way, access, information or document tampering, destruction, theft or other risks are assessed, the applicant will oversee at least one officer and other necessary measures are taken. In a different way to obtain the information or document mentioned above if possible, without prejudice to gain access to the document.
Information or document access time Give information or document confidential information by separating Application fees Institutions and organizations provide access to information or documents, access costs and the amount of payment be made about where the applicant, within fifteen days from the date of the application informs. However, the requested information or document, contact the institutions and organizations within the unit from another provision, the applicant in connection with or reference to any other institutions and organizations should be taken to view the contents of multiple agencies and organizations in the event of interest, the payments will be made where the amount of the cost of access to institutions and organizations about the applicant, within thirty days from the date of application informs. Information or documentation required to access the notification of the amount of cost to the applicant by the institutions and organizations, fifteen or thirty business day period will be cut. The applicant within fifteen working days from the date of notification of payment performs shall be deemed waived unless requested document presented to show. Public institutions and organizations, allowing access to that information or documents will require applicants for fees, to be recorded as revenue in the budget for the relevant institutions and organizations on behalf of banks and other financial institutions, accountancy or bookkeeping, or credited to accounts opened post office branch. Requests for information or documents mentioned exceptions in the law Procedures for Appeal Within the time periods specified in Article 20, institutions and organizations of any response provided by the applicant in a positive or negative reference, Article 10 of Law No. 2577 in accordance with the Administrative Procedure passage of sixty days shall be deemed rejected. The second paragraph of information request in accordance with Law 16 and Article 17 was rejected for reasons mentioned prescribed applicant applying to a court litigation before the Board within fifteen days from the date of beginning of the period may appeal in writing. The Board's decision is given within thirty business days. Appeal to the Board stop time of application to the administrative courts. Decisions of the Board Information or documents requested by the Board Appeal, the Board also institutions or organizations with the applicant, the objection may apply to written or verbal comments on the subject, take the opinion of relevant experts, and found in other studies deemed necessary. Information or documents obtained by the opinion of the Board and sent to the Board, evaluation and review of maintenance and protection of confidentiality shall be complied with those in the degree of privacy. Chairman and members of the Board with this information compiled and evaluated all the staff are obliged to comply with the requirements of privacy policy. This obligation, the Board chairman and members shall continue after termination of the duties of other personnel. CHAPTER FİVE Information or documents related to State secret
Information or documents related to the country's economic interests Information or documents related to intelligence
Information or documents concerning the administrative investigation
Information or documents relating to criminal investigation and prosecution
No 1412 Criminal Procedure Law, Civil Procedure Law No. 1086, No. 2577 of the Administrative Procedure Act and other special provisions are reserved.
The secrecy of private life Where the public interest requires it, the personal information contained in records or documents of institutions, organizations and institutions, at least seven days' notice given to the person concerned, provided written consent to be explained. Privacy of communication
Trade secrets Clause 34 - Information or documents which are described as a trade secret laws, institutions and organizations provided by the natural or legal persons shall remain confidential commercial and financial information beyond the scope of the right to information. Intellectual and artistic works Clause 35 - Intellectual and artistic works done in relation to the provisions of relevant laws are applied to obtain information about the application. In- house regulations In-house views, information and recommendations The views of scientific, cultural, statistical, technical, medical, financial, legal and other expertise in the areas of individuals, departments or institutions, who are legally obliged to give an opinion, are accessible for demands to obtain information provided a basis for taking their decisions. Request for advice and opinion Information and documents which abolish confidentiality Clause 39- Information or documents declassified in accordance with relevant legislation, as the limits of the rights to obtaining information covered unless other exceptions to the information held in the law is open to applications. CHAPTER SİX Archive materials and materials to archive Clause 40- Applicants: General Directorate of State Archives, the archives of research services or other material benefit from the existing archives and archives of material conditions, obligations, and archival material samples shall be given, 31.1.2002 dated and No: 2002 / 3681 determined by the Council of Ministries, the provisions are applied excluding the time. The Process excluding the judicial inspection Inspection and Penalty Provisions The information and documents, accessed within the framework of principles and procedures specified in this Act and Regulations, cannot be reproduced for commercial purposes, cannot be used or cannot be published without permission of institutions and organizations which provide accessibility. Contrary to the provisions of this article for commercial purposes, accessing information or documents are duplicates, or publishers about the provisions on liability apply to criminal and civil laws. Training Preparing a report
Provisional Clause 1- Information units are created in institutions and organizations within a month in accordance with the provisions of Article 8. Provisional Clause 2- Institutions and organizations, within three months from the date of publication of these regulations specified in Article 6 corporate file plans, prepares to facilitate the use of the right to obtain information and knowledge to provide public information through the use of communication technologies. Provisional Clause 3 - Institutions and organizations document, records, files and libraries needed in order for changes to legislation and other regulatory actions are made within six months. .Provisional Clause 4 - Corporate web page does not have the institutions and organizations create web pages within two months. Provisional Clause 5 - Institutions and organizations to obtain information units within two months will be accepting applications through electronic mail, electronic mail addresses by creating a website to provide public information. Provisional Clause 6 - The principles for the application fee specified in the first paragraph of Item 22 determined until the year 2004 will be determined by institutions and organizations to apply for the fee may be charged according to tariffs. However, given the opportunity to access information or for copies of the first ten pages of documents, free of any charge, including the cost of mailing.Effect Enforcement Enforcement |