This is the most broadly interpretable of the freedom of information exceptions. The Law draws the limit under three headings.
The Text
Art. 16 of Law No. 4982 keeps outside the right to information those classified information and documents that are of a nature to harm State security, foreign relations and national defence.
| Protected interest | Measure |
|---|---|
| State security | Being of a nature to cause harm |
| Foreign relations | Being of a nature to cause harm |
| National defence | Being of a nature to cause harm |
Declassified Documents
The Law leaves a way out. Art. 28: information or documents whose classification has been lifted become open to information requests if they do not fall within the other exceptions in this Law.
The Constitutional Frame
Art. 28 of the Constitution lists preventing the disclosure of State secrets among the grounds for limiting press freedom. Under the same article, those who write, have printed, print or pass on to others news or writing concerning State secrets are liable under the provisions of the law.
Art. 3 of Law No. 5187 lists the same ground: press freedom may be limited for the purpose of preventing the disclosure of State secrets or the commission of offences - but that limitation must conform to the requirements of a democratic society.
What to Do When Refused
- Note the article the refusal rests on - is it Art. 16 or another exception?
- Try narrowing your request: can information outside the classified parts be separated?
- Investigate whether the document has been declassified (Art. 28).
- Object to the Board for the Review of Access to Information within fifteen days.
- Consult your lawyer on the route after the Board's decision.
Objection to the Board
Under Art. 13 an objection is made within fifteen days and the Board decides within thirty working days. 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.
A Leaked Document Is a Different Situation
Summary
- Classified information and documents of a nature to harm State security, foreign relations and national defence are outside the scope of freedom of information.
- The exception seeks two elements together: classification and a nature capable of causing harm.
- Declassified documents may be requested again if they do not fall within the other exceptions.