CRIMES AGAINST PRIVACY IN THE DIGITAL ENVIRONMENT

With the widespread adoption of information technologies, almost all age groups have begun to share the internet, although their purposes and areas of use may differ. In this context, crimes against the privacy of individuals' private lives can be committed illegally on virtual platforms they use consciously or unconsciously. In this regard, the Turkish Penal Code, under the heading "Crimes Against Private Life and the Confidentiality of Life," regulates the legal provisions and penal sanctions related to crimes committed against the privacy of individuals' private lives. The following article will detail the types of crimes committed against the privacy of individuals' private lives and their corresponding penal sanctions.

If you would like to obtain more information on this subject, you can seek advice from experienced IT Law Attorneys

Violation of the Right to Privacy

Individuals who violate the privacy of others are subject to imprisonment for one to three years. If the violation of privacy is committed by recording images or sounds, the sentence is increased by one-third.

Anyone who unlawfully discloses images or sounds relating to the private life of an individual is subject to imprisonment for two to five years. The same penalty applies if these disclosed data are published through the press and media.

Violation of the Confidentiality of Communication

Anyone who violates the confidentiality of communication between individuals is subject to imprisonment for one to three years. If the content of the communication is recorded, the penalty is increased by one-fold.

If someone unlawfully discloses the content of communications between individuals, that person may be sentenced to imprisonment for two to five years.

Anyone who unlawfully and publicly discloses the content of communications with a particular person without the other party's consent shall be sentenced to imprisonment for one to three years. The same penalty applies if this disclosed information is published through the press and media.

Listening to and Recording Conversations Between Individuals

Anyone who listens to or records private conversations between individuals using a device without the consent of either party shall be sentenced to imprisonment for two to five years.

Anyone who records a private conversation they are participating in using a voice recorder without the consent of the other speakers may be sentenced to imprisonment for six months to two years or a fine.

Anyone who unlawfully discloses information obtained from recordings of private conversations between individuals is subject to imprisonment for two to five years and a fine of up to four thousand days' worth of daily wages. The same penalty applies if this disclosed information is published through the press or media.

Recording Personal Data

Anyone who unlawfully records personal data shall be sentenced to imprisonment for one to three years.

If the personal data relates to individuals' political, philosophical or religious opinions, racial origins; moral inclinations, sexual lives, health status or trade union affiliations in violation of the law, the penalty to be imposed pursuant to the first paragraph shall be increased by half.

Unlawful Disclosure or Acquisition of Data

Anyone who unlawfully provides, disseminates, or seizes personal data belonging to another person shall be sentenced to imprisonment for two to four years. The crimes mentioned in these articles;

• By abusing the authority granted by the public official's position,
• By taking advantage of the opportunities offered by a particular profession or art

If this occurs, the penalty will be increased by half.

Not Destroying Data

Even though the deadlines stipulated by law have expired, those responsible for deleting information from the system are subject to imprisonment for one to two years if they fail to fulfill their duties

If the data or information constituting the crime must be eliminated or destroyed in accordance with the provisions of the Criminal Procedure Code, the penalty to be applied is increased by one fold.

However…

The investigation and prosecution of the offenses listed in this section, excluding the recording of personal data, the unlawful disclosure or acquisition of data, and the failure to destroy data, are examined upon complaint.