Freedom of information is the most concrete tool of data journalism. Law No. 4982 makes it a right and imposes a time-bound duty to answer on the administration.
The Identity and Purpose of the Law
| Detail | Value |
|---|---|
| Name | Law on the Right to Information |
| Law number | 4982 |
| Date of adoption | 9/10/2003 |
| Official Gazette | 24/10/2003 - 25269 |
| Entry into force | Six months after publication |
The purpose of the Law is to regulate the principles and procedures for exercising the right to information, in conformity with the principles of equality, impartiality and openness required by democratic and transparent government.
To Whom Does It Apply?
The Law applies to public institutions and organisations and to professional organisations having the character of public institutions.
What Can a Journalist Request?
The Law governs access to information and documents in the body's possession. The items most used in reporting:
- Statistics and numerical data - numbers of applications, permits, inspections, penalties
- Decisions and minutes - so far as they do not fall within the exceptions
- Expenditure and tender information
- The results of inspections and examinations
- The body's own annual report on access to information - prepared under Art. 30
- Declassified documents - under Art. 28
There Are Exceptions
The Law keeps a series of cases outside the scope. Those met most often in reporting:
| Exception | Article |
|---|---|
| State secrets - classified information that would harm State security, foreign relations or national defence | Art. 16 |
| Criminal investigation and prosecution | Art. 20 |
| The privacy of private life | Art. 21 |
| Trade secrets | Art. 23 |
We cover the exceptions in detail in the exemptions guide and the State secret ground in the State secret refusal guide.
The Periods
| Situation | Period | Article |
|---|---|---|
| The general rule | Fifteen working days | Art. 11 |
| Where the information is to be obtained from another unit or the opinion of another body is needed | Thirty working days | Art. 11 |
| Objection to the Board | Fifteen days from the application | Art. 13 |
| The Board's decision period | Thirty working days | Art. 13 |
We cover the periods in the response times guide.
One Limit: Commercial Use
How Is an Application Made?
Under Art. 6 an application is made by a petition containing the applicant's name and surname, signature, and place of residence or business address; it may also be made electronically or by other means of communication. We cover this in the application guide.
Do Not Confuse It with Source Protection
There are two separate safeguards. Freedom of information is the route for obtaining information from the administration. The protection of a news source is in Art. 12 of Law No. 5187: the owner of a periodical, the responsible editor and the author of the work cannot be compelled to disclose their news sources of any kind, including information and documents, or to give evidence on the matter.
Summary
- Law No. 4982 makes requesting information and documents from public institutions and from professional organisations with the character of public institutions a right.
- The response period is fifteen working days as a rule, thirty where the information comes from another unit.
- The exceptions of State secrets, criminal investigation, private life and trade secrets are reserved.