1. Protection of Personal Data and Privacy

• 132-134 of the Turkish Penal Code , violating the confidentiality of communications or recording images and sounds related to private lives without permission is a crime.

• For example, secretly recording someone's voice or video in their home, private space, or without their consent a "violation of privacy ." The penalty for this crime imprisonment for 1 to 3 years .

2. Cases of Legality and Exceptions

• If a person obtains a recording solely to protect their legal interests (e.g., to obtain evidence of a crime such as threats, blackmail, defamation, bribery, etc.) and has no other means of proof, and this recording is made only for the purpose of submitting it to the competent authorities , some Supreme Court decisions have accepted that these recordings can be considered "legally admissible evidence"

• However, this is an exception and each case is evaluated according to the specific circumstances. Secret recordings made out of personal curiosity, animosity, or for the purpose of disclosure constitute a crime and are rejected as evidence.

3. The Approach of the Supreme Court

• The Supreme Court's Criminal General Assembly, in its decision numbered 2007/147 E., 2007/167 K. , stated that a secretly obtained audio recording may be legally permissible when there is no other way to prove a crime being committed against the individual.

• For example, in divorce cases, a short recording made to prove a spouse's constant insults has sometimes been deemed legally valid.

• Conversely, long-term confidential recordings made in the workplace, public areas, or concerning the private lives of others constitute a crime of violating the right to privacy and cannot be used as evidence.

✅ Conclusion: As a general rule, secretly obtained audio and video recordings constitute a crime and cannot be used as evidence . However, in some exceptions, it may be considered lawful if a person makes limited recordings solely to protect their legal interests, in cases where there is no other way to prove the matter, and only for the purpose of presenting it to judicial authorities .

EXAMPLE SUPREME COURT DECISIONS

1. Confidential Records in Divorce Cases

• The 2nd Civil Chamber of the Supreme Court of Appeals, in case number 2014/25902 E., 2015/17223 K., ruled that a recording made secretly by a spouse of their constant insults and threats at home was accepted as evidence because there was no other way to prove it . ➡️ Here, the Supreme Court of Appeals stated that short-term recordings made for the purpose of protecting personal rights may be lawful.
  
  

2. Recording to Prove the Threat or Insult

• The Supreme Court Criminal General Assembly, in case number 2007/147 E., 2007/167 K.,
  the defendant's secret audio recording to prove the threat committed against him was lawful .
  ➡️ The recording was given only to the prosecutor's office and was not disclosed to third parties. Therefore, it was accepted as evidence.

3. Confidential Records Made in the Workplace

• The 9th Civil Chamber of the Supreme Court of Appeals, in case number 2008/37566 E., 2010/37516 K.,
  ruled that an employee secretly recorded audio to prove they were constantly pressured by their employer. The Supreme Court of Appeals deemed this recording illegally obtained evidence and disregarded it.
  ➡️ This is because continuous and prolonged recording in the workplace constitutes a violation of the right to privacy.

4. Secret Recording of Private Information

• The 12th Criminal Chamber of the Supreme Court of Appeals, in case number 2014/17793 E., 2015/1896 K., ruled that secretly placing a camera in a person's home and recording video constitutes a violation of the right to privacy . ➡️ Since there was no legal basis for this action, the evidence was rejected and the perpetrator was punished.
  
  

5. Recording Telephone Conversations

• The 5th Criminal Chamber of the Supreme Court of Appeals, Case No. 2013/10993, Decision No. 2014/1315,
  ruled that recording a phone conversation with the intention of using it as evidence later does not constitute a crime.
  ➡️ Because the person is already a party to the conversation. However, if these recordings are disseminated to third parties, Articles 132-134 of the Turkish Penal Code come into effect.

6. Summary of Rules and Exceptions

• General rule: Secret audio and video recording is illegal.

• Exception: If a person has no other way to prove the crime committed against them (threat, insult, blackmail, etc.) and the recording is only made to be presented to judicial authorities , it may be accepted as evidence.

📌 As can be seen, the Supreme Court considers the "balance of interests" in every specific case:

• On the one hand, there is the right to privacy of a person's private life,

• On the other hand, there is the right of a person to defend themselves and prove their rights.

“Can workplace security camera footage be used as evidence?”

📌 1. Legal Framework

• Turkish Penal Code Article 134: The crime of violating the privacy of private life.

• KVKK (Law No. 6698): Processing and protection of personal data.

• Article 189 of the Code of Civil Procedure: Evidence obtained illegally cannot be used in court.

• Labor Law Article 25: Employer's right to terminate employment – ​​employee's conduct can be proven by camera recordings.

📌 2. The Approach of the Supreme Court

• The Supreme Court of Appeals, 9th Civil Chamber, Case No. 2017/19772, Decision No. 2020/10301
  , ruled that if cameras installed in the workplace were done with the knowledge of the employees, these recordings are considered valid evidence in a dismissal case.

• The 22nd Civil Chamber of the Supreme Court of Appeals, in its decision numbered 2016/11834 E., 2019/1289 K.
  , ruled that secretly filmed camera recordings that excessively intrude on employees' private lives cannot be accepted as evidence.

• The 12th Criminal Chamber of the Supreme Court of Appeals, Case No. 2015/2570, Decision No. 2016/7894
  , ruled that security camera recordings from a workplace are accepted as legally admissible evidence in theft cases because a workplace is considered a public area.

📌 3. Conclusion – When Does it Become Evidence?

✅ It is accepted as evidence

• Workplace camera recordings are permitted only if this has been announced to employees in advance (via regulations, contract, notice, etc.).

• If the purpose is based on legitimate reasons such as security, protecting workplace property, or workplace safety.

• If the worker has given their explicit consent or if there is a legal requirement.

❌ Not Acceptable as Evidence

• If cameras have been secretly installed without the employees' knowledge .

• If the camera is placed in locations that will monitor the employee's private life (toilet, changing room, etc.).

• If the data has been processed in violation of the KVKK (Turkish Personal Data Protection Law).

📌 Lawyer's Commentary

• In criminal cases: CCTV footage is often accepted as evidence (especially in cases of theft, fighting, and property damage).

• In labor law: However, in employer-employee relations, the Personal Data Protection Law (KVKK) and the right to privacy are interpreted more strictly; the employee's consent or at least their notification is required.

👉 In other words, workplace camera footage can be considered evidence if obtained properly, but the court will reject it if obtained secretly.

                                                                                                                                                                      Law Faculty Student Ada Ceren KENDİGELEN