Crime of Obstructing an Information System and Destroying Data

Blocking, corrupting, rendering inaccessible, destroying, or altering data is regulated as an optional crime in Article 244 of the Turkish Penal Code. The occurrence of any situation described in the article is directly related to cybercrime. Some optional actions are explained below;

Destruction or Alteration of Data: This refers to the destruction or alteration of personal data belonging to the rights holder authorized to use the information system. For example, it is a crime to destroy data in the information system by logging into someone's social media account and deleting all the information. Altering information within the same account, such as changing the content of a person's profile, is also considered a crime of data alteration. Blocking or Denying Access to the System: This refers to an optional action by an authorized person who has the right to use the system to block or deny access to the system. For example, it is a crime to block access to a person's social media account by changing their password after logging in.

System Malfunction: This refers to an act committed by interrupting the operation of an information system in accordance with the technical infrastructure or by the user stopping its operation as desired. For example, stopping the system via software to ensure that a website where an order is placed online allows you to retrieve your order information later.

These actions are regulated by Article 243 titled "Unauthorized Access to an Information System" and Article 244 titled "Blocking a System, Destroying or Altering Data," which fall under the heading  "Crimes in the Field of Information Technology" of the Turkish Penal Code No. 5237.

 

The crime of unauthorized access to an information system

According to Article 243 of the Turkish Penal Code;

(1) Anyone who enters or remains in all or part of an information system unlawfully shall be sentenced to imprisonment for up to one year or a judicial fine.

(2) If the acts defined in the above paragraph are committed against systems that can be used for a fee, the penalty shall be reduced by up to half.

(3) If the data contained in the system is destroyed or altered as a result of this act, a prison sentence of six months to two years shall be imposed.

(4) A person who unlawfully monitors data transfers within an information system or between information systems using technical means without accessing the system shall be punished with imprisonment from one to three years.

The crime of obstructing, disrupting, destroying, or altering data within the system

According to Article 244 of the Turkish Penal Code

(1) A person who obstructs or disrupts the operation of an information system shall be punished with imprisonment from one to five years. (2) A person who corrupts, destroys, alters, or renders inaccessible data in an information system, inserts data into the system, or sends existing data to another location shall be punished with imprisonment from six months to three years. (3) If these acts are committed on an information system belonging to a bank or credit institution or a public institution or organization, the sentence shall be increased by half. (4) If the commission of the acts defined in the above paragraphs does not constitute another crime, the person shall be sentenced to imprisonment from two to six years and a judicial fine of up to five thousand days

As can be seen, the law regulates different actions for such purposes. The first of these articles deals with directly accessing the system, while the second addresses the consequences of making changes to the system.

For more information on this matter and for any other questions, you can contact our firm's experienced lawyers specializing in IT law.