KÜHEYLAN HUKUK
Rejection of the Application for Access to Information: Objection to the Board and Case in Administrative Jurisdiction. According to the Law No. 4982, the deadlines, limits of the reasons for rejection and the Access to Information Evaluation Board. This guide has been prepared according to the current version of the Law on the Right to Information No. 4982 and the decisions of the Council of State as of October 2026.
If the application of a person requesting information or documents from a public institution is rejected, the reason for the rejection decision and the means of application must be notified in writing. The applicant must submit his/her information within 15 days from the notification of the rejection decision.
He/she may appeal to the Acquisition Evaluation Board. The Board decides on the objection within 30 business days. Objection to the Board suspends the application period to administrative jurisdiction. The refusal must be based on one of the exceptions listed in the law. A rejection given for a reason other than an exception may be cancelled. The Board of Administrative Case Chambers of the Council of State did not find the principle decision regarding those dismissed from public service during the state of emergency to be unlawful, but also wrote a dissenting vote stating that the reason for rejection should be concrete. This guide explains how to apply, deadlines and litigation.
Article 74 of the Constitution states that everyone has the right to information. Law No. 4982 regulates this right in detail. The law applies to the activities of public institutions and organizations and professional organizations that are public institutions (Art.2). The rule is clarity. Institutions and organizations are obliged to make all kinds of information or documents available to applicants, except for the exceptions in the Law, and to finalize the applications effectively, quickly and accurately (Art. 5).
The law does not ask about the applicant's purpose. However, there are some limits. The application must be related to the information or documents that the institution has or needs to have as per its duties. A negative answer may be given for information that can be created as a result of a separate or special study, research, examination or analysis (Art. 7). Information previously published or disclosed to the public cannot be the subject of the application, but the applicant is notified where and when it was published (Art. 8).
Application method: It is made with a petition containing name and surname, signature, place of residence or business address. If the identity and signature can be determined legally, the application can also be made electronically. The requested information or document is clearly stated in the petition (Art. 6).
Response time: Access to information or documents is provided within 15 business days. If information is to be obtained from another unit, if the opinion of another institution is required, or if the application concerns more than one institution, the period increases to 30 business days. The extension of the period and the reason must be notified in writing before the 15 business day period expires (Art. 11).
Cost fee: The institution may charge a fee equal to the cost required to access the document. A period of 15 working days will be cut off upon notification of the wage. If the applicant does not pay within 15 business days, he is deemed to have given up his request (Art. 10, Art. 11).
Separation of confidential parts: If the requested document contains classified or forbidden to be disclosed information and discloseable information and can be separated, the document is given by removing the confidential parts. The reason for separation is notified to the applicant in writing (Art. 9).
Rejection decision: In case the application is rejected, the justification of the decision and the remedies against it must be stated in the response (Art. 12).
non-response If no response is given within thirty days, the request is deemed rejected. 2577 m.10
The law states that an objection may be made to the Board against the rejection decision "before taking legal action". Objection to the Board suspends the application period to administrative jurisdiction. When the Board makes its decision or implicitly rejects it, the clock starts to run again. The Board may also take principle decisions regarding the implementation of the Law.
The decisions of the Council of State show that the cases filed against the Board's actions are heard in the 10th Chamber of the Council of State, and the appeal review is carried out in the Administrative Case Chambers Board. The rejection process of the institution or organization is also evaluated. Which court to apply to should be determined before preparing the petition, depending on the nature of the transaction in question.
4. On what grounds can rejection be given?
Articles 15 to 28 of the Law draw the limits of the right to information. As a rule, a reason other than these listed exceptions is not sufficient for rejection.
state secret Confidential information that, if disclosed, would clearly harm the security, foreign relations, national defense and national security of the State. Article 16
economic interest Information that, if disclosed, would harm the economic interests of the country or cause unfair competition. Article 17
Intelligence Duties and activities of intelligence units. However, it is covered if it affects the person's working life and professional dignity. Article 18
administrative investigation Information that, if disclosed, would result in consequences such as clearly unjust interference in private life or endangering the security of the investigation. Article 19
Judicial investigation and prosecution Information that, if disclosed, would lead to a crime, hinder the trial, or violate the right to a fair trial. art.20
private life Health information, private and family life, honor and dignity, professional and economic values Article 21
trade secret Commercial and financial information that is considered a trade secret by law or received on the condition that it remains confidential Article 23
Internal regulations Regulations that concern only institution personnel. The rights of affected employees are reserved. article 25
The law also provides countervailing provisions in some exceptions. Administrative actions beyond judicial control that affect a person's working life and professional dignity are within the scope of the Law (Art. 15). Internal opinions, information notes and advisory documents are within the scope of the right to information unless otherwise agreed (Article 26). In the exception of privacy of private life, information can be given if the person has permission (Article 21).
In its decision dated 03.03.2022 (E.2021/3760, K.2022/725), the Council of State Administrative Case Chambers Board examined the principle decision numbered 2016/1 of the Access to Information Evaluation Board regarding the state of emergency measures. The decision envisaged that transactions regarding persons dismissed from public service and information and documents regarding administrative and judicial investigations within this scope would be considered outside the scope of the right to information in accordance with Articles 19 and 20 of Law No. 4982. The Administrative Case Chambers Board approved the part regarding the regulatory transaction unanimously and the part regarding the individual transaction by majority vote, and did not find any violation of legal regulations in the principle decision. The member who cast a dissenting vote stated that it was not concretized that the application was rejected in order to prevent the outcome specified in the relevant articles. This dissenting vote can be taken into account in petitions as it shows the argument that the reason for rejection should be concrete. The majority opinion accepted that the information obtained within the framework of a certain state of emergency fell within Articles 19 and 20.
The Board of Administrative Case Chambers of the Council of State took a different direction in its decision dated 02.05.2024 (E.2023/2664, K.2024/942, unanimously). In the file, an applicant in prison wanted to know whether his passport and gun licenses were revoked, whether he was banned from traveling abroad, and the dates. When his request was rejected, he submitted his petition of objection to the prison directorate. The 10th Chamber of the Council of State ruled that this application did not fall within the scope of a state secret, administrative or judicial investigation, and that information should be provided, and annulled the implied rejection. The Administrative Case Chambers Board overturned the decision. The reason is this: the decision was made without investigating whether the objection petition was sent to the Access to Information Evaluation Board. This decision shows that the date of the objection and the documentation that it has reached the Board are decisive for the case.
The following scenario is fictional; It has been prepared to explain a typical situation in practice.
In a fictional example, a person requested a certified copy of his/her zoning process file from a municipality. The municipality rejected the application on the grounds that it "was in the nature of internal correspondence". Application methods are not shown in the rejection letter.
Not showing the application methods in the rejection letter is against Article 12 of Law No. 4982. Since the file concerns the person's own transaction, the right granted by Article 25 to the affected persons also comes into question. The applicant must appeal to the Access to Information Evaluation Board within 15 days from the notification of the rejection decision, document the date of the objection, and follow the deadlines for filing a lawsuit within 60 days after the Board's response.
How long does it take to respond to a request for information?
As a rule within 15 working days. In cases where information is received from another unit or an opinion of another institution is required, the period increases to 30 business days. The extension and its reason must be notified in writing before the end of 15 business days.
What should I do if my application is rejected?
An objection may be made to the Access to Information Evaluation Board within 15 days from the notification of the rejection decision. The Board decides within 30 business days. The objection suspends the application period to administrative justice.
What happens if the institution does not respond?
If no response is given within thirty days, the request is deemed rejected and a lawsuit may be filed in administrative jurisdiction against the implied rejection (2577 art. 10).
What if the institution is withholding only part of the document?
If confidential parts can be separated, these parts must be removed and the document must be submitted. The reason for separation must be notified in writing (Art.9).
Can I be denied when I ask for information about myself?
It can be given, but the Law protects the right to obtain information in transactions affecting the person's working life and professional dignity (Art. 15, Art. 18). The exception on which the justification is based should also be examined.
Not documenting the objection: If the date and place of receipt of the objection petition cannot be proven, a dispute may arise during the litigation phase. For this reason, the decision of the Council of State Administrative Case Chambers dated 2024 was the reason for reversal.
Describing the document vaguely: The law requires that the requested information or document be clearly stated in the petition. The file number, date and subject must be stated in the petition.
Requests that require separate study: The institution may respond negatively to information that requires separate research or analysis. The request must be directed to the existing record or document.
Confusing the periods: The 15-day Board objection period, the 30-business-day Board decision period and the 60-day lawsuit period are different from each other. Which of these periods applies must be calculated from the beginning according to the notification date.
The right to information is one of the basic tools for monitoring the administration and learning about one's own legal situation. The law lists the cases of rejection in a limited manner and imposes an obligation to provide justification and recourse. The decisions of the Council of State show that the principle decisions are subject to review to the extent that they remain within the framework drawn by the law, and that the date of the objection and its receipt by the Board are important in terms of proof. Küheylan Law Firm carries out the correct construction of the petition in applications for information, examining the exception on which the rejection is based, making the objection to the Board in a timely and documented manner, and filing a lawsuit in administrative jurisdiction when necessary.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. Since the unique circumstances of each file may change the outcome, it is recommended to seek support from an administrative law attorney from the beginning of the process.
KÜHEYLAN HUKUK