The Law provides a sanction, but it is disciplinary liability rather than an administrative fine.
The Text
Art. 29 of Law No. 4982: the disciplinary penalties in the legislation to which they are subject apply to officials and other public servants whose negligence, fault or intent is involved in applying this Law, without prejudice to their liability for the acts they have committed under the general provisions.
| Element | Content |
|---|---|
| Who | Officials and other public servants |
| Degree of fault | Negligence, fault or intent |
| Sanction | The disciplinary penalties in the legislation to which they are subject |
| Reserved | Liability under the general provisions |
The Second Rule in the Same Article
Art. 29 also sets a limit for the person making the request: information accessed under this Law may not be reproduced or used for commercial purposes.
The Mechanism That Actually Works: Objection to the Board
In practice the most effective route against a body that withholds information is not the disciplinary process but an objection to the Board for the Review of Access to Information.
| Stage | Period | Article |
|---|---|---|
| The body's response period | 15 working days - 30 where another unit/body is needed | Art. 11 |
| Objection to the Board | 15 days | Art. 13 |
| The Board's decision period | 30 working days | Art. 13 |
Under Art. 14 the Board consists of nine members; among them are one member each from the Court of Cassation and the Council of State, professors of law, a representative of the Union of Turkish Bar Associations and a representative of the Ministry of Justice. The term of office is four years.
If No Response Comes at All
- Calculate the period. Fifteen working days or thirty - did the body notify an extension?
- Prepare your application record. The date, the application number, the electronic confirmation.
- Object to the Board. The period is fifteen days.
- Record it as transparency data. Under Art. 30 bodies report their refusal statistics in their annual reports; compare them with your own record.
- Consult your lawyer on the judicial route.
Summary
- Disciplinary penalties apply to officials whose negligence, fault or intent is involved in applying the Law; the sanction is directed at the individual, not the body.
- The same article prohibits the commercial reproduction and use of information obtained.
- In practice the effective route is an objection to the Board within fifteen days.