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Regulation on Security Investigation and Archive Research Has Been Published

Regulation on Security Investigation and Archive Research Has Been Published

Regulation on Security Investigation and Archive Research ("Regulation") (In Turkish) has been prepared based on Article 12 of the Security Investigation and Archive Research Law.

What are the confidential units and parts?

Confidential units and parts are units and parts of public institutions and organizations that create and store the "top secret" and "confidential" information and documents in accordance with the provisions of the Regulation on the Procedures and Principles to be Applied in Confidential Documents (In Turkish). Public institutions and organizations determine the confidential units and parts accordingly. However, of all public institutions and organizations; inspection and control units, personnel units, data processing units and private secretariat are considered as confidential units.

What is archive research?

Archive research is the determination of the following:

  • Criminal record of the person,
  • Whether the person is still sought by law enforcement,
  • Whether there is a restriction on the person,
  • Court decisions that have become final about the person and the decisions taken with the scope of Articles 171/5 and 231/13 of the Code of Procedure numbered 5271 (In Turkish) and the facts within the scope of the ongoing or concluded investigation or prosecution against the person,
  • Whether there is a penalty for dismissal from civil service or a finalized dismissal from civil service.

What is security investigation?

The security clearance also includes the determination of the following in addition to the archive records:

  • Factual data in law enforcement and intelligence units related to the qualifications required by the task,
  • Associated with foreign government institutions and foreigners,
  • Whether the person is in unity of action, liaison and affiliation with terrorist organizations or organizations established for the purpose of committing crimes. According to the new Regulation that came into force;

The Regulation which entered into force as the date of publication, abolished the Regulation on Security Clearance and Archival Research dated February 14, 2000. According to this Regulation;

  • Regardless of their status or type of employment, archive research is conducted on those who will be appointed to civil service or public office for the first time or again.
  • Security investigation and archive research are carried out by the National Intelligence Organization, Directorate General of the Turkish National Police, Local Authority.
  • An Evolution Commission is established in order to evaluate the data obtained as a result of the security investigation and archive research.
  • Security investigation and archive research cannot be carried out contrary to the general principles of the Turkish Personal Data Protection Law.

You can reach the relevant Official Gazette via the link (In Turkish).

Should you have any queries or need further details, please contact your customer representative.

Written by Ece Nur Karakaş, Posted in Personal Data Protection Law

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About The Author

Ece Nur Karakaş

Legal Consultant - Attorney
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