PRIVACY: BREACH CASES AND LIABILITY FOR COMPENSATION

Violation of Privacy and Liability for Damages:

The right to privacy is the protection of individuals' private lives, professional and social relationships from external influences. This right aims to protect individuals' honor, dignity, and privacy. As stated in Article 20 of the Constitution, everyone's private and family life must be respected and the confidentiality of these areas protected. Article 134 of the Turkish Penal Code states that acts violating the privacy of private life shall be punished. The Personal Data Protection Law aims to protect individuals' personal data from external interference and prevent its unlawful processing by others. 

Legal Basis:

Constitution: Article 20 of the Constitution of the Republic of Turkey guarantees the privacy of private life. The Constitution recognizes everyone's right to demand respect for their private and family life and prohibits the violation of this right.

Turkish Civil Code: The Turkish Civil Code, which protects personal rights, states that in cases of violation of the right to privacy, the victim can claim compensation for moral damages.

Turkish Penal Code: Article 134 of the Turkish Penal Code prescribes criminal sanctions for individuals who violate the privacy of private life. Within this scope, recording or disseminating images and sounds relating to a person's private life without permission is considered a crime.

 

Situations that Violate the Right to Privacy:

Situations that violate the right to privacy refer to unlawful interference with individuals' privacy and personal space. Here are some examples of such violations:

• Unauthorized Photography or Videography:

1. 1. • Taking photographs or videos of someone in their private space (e.g., their home or garden) without their permission.
      • Recording a person's phone call or private conversation without their permission.

• Unauthorized Publication:

1. 1. • Sharing a photograph, video, or audio recording of someone without their permission on social media or other platforms.
      • The unauthorized disclosure of information relating to a person's private life (e.g., health status, family matters).

• Secretly Reading Emails or Messages:

1. 1. • The unauthorized reading of a person's emails or text messages and the sharing of this information with third parties.
      • Unauthorized publication of personal correspondence.

• Eavesdropping:

1. 1. • Listening to someone's private conversations without their permission, for example, by placing a hidden microphone in a room.
      • Unauthorized recording or listening to telephone conversations.

• Unauthorized Entry and Search:

1. 1. • Unauthorized entry into someone's private property (such as their home or office) and ransacking their belongings.
      • Unauthorized access to a person's computer or phone and examination of their personal files.

• Unlawful Collection and Use of Private Information:

1. 1. • The unauthorized collection, recording, or sharing of personal data (e.g., health information, financial information) with third parties.
      • The unauthorized hacking of a person's social media accounts and the dissemination of private information through those accounts.
   2. Tracking and Surveillance:
      • Continuous, unauthorized monitoring of a person, for example, tracking their movements, where they go, and who they meet with.
      • Monitoring a person's private space with hidden cameras.

• Bringing Private Life Before the Courts:

1. 1. • The unlawful use and disclosure of personal details about a person in legal proceedings or court records without their permission.

• Violations Committed Over the Internet:

1. • Creating fake social media accounts in someone's name without their permission, or sharing information about their private life through these accounts.
   • Cyberbullying is the dissemination of information about a person's private life or the use of such information to humiliate that person.

Such violations pose serious problems in terms of both the protection of personal rights and the general moral values ​​of society, and may require legal sanctions. In these cases, victims can pursue legal avenues and claim compensation based on the relevant laws.

An act violating the right to privacy must be unlawful. The perpetrator must be at fault, although strict liability may sometimes arise. There must be a proper causal link between the damage caused by the violation and the actual violation. In cases of violation of privacy, the victim may claim material or moral damages. Material damages are for the compensation of losses suffered by the victim as a result of the violation. Moral damages are for the compensation of the emotional distress experienced by the individual. A lawsuit for compensation can be filed due to the violation of privacy. The victim can apply to the civil court of first instance in the place where the violation occurred or in their place of residence. When filing a lawsuit, proof of the violation must be presented. The court determines the amount of compensation according to the nature of the event. Claims for compensation arising from the violation of privacy are subject to a statute of limitations of two years from the date of the violation and, in any case, five years.

Liability for Damages:

1. Non-pecuniary damages:

• Definition: Non-pecuniary damages are compensation sought for the distress, stress, loss of reputation, and other moral harms suffered by an individual as a result of an attack on their personal rights due to a violation of their right to privacy.
• Scope: The court determines the amount of non-pecuniary damages by considering the nature of the violation, the emotional distress suffered by the victim, and the circumstances of the parties. This compensation may vary depending on the extent of the violation and the degree of emotional distress suffered by the victim.
• Examples: Unauthorized publication of private images or disclosure of personal information through covert wiretapping can be grounds for claims for moral damages.

2. Financial Compensation:

• Definition: Monetary damages are compensation sought to cover direct damages to an individual's property caused by a violation of their right to privacy.
• Scope: If a person suffers a financial loss as a result of a violation of their right to privacy, this loss can be claimed through monetary compensation. For example, financial losses resulting from the unauthorized disclosure of trade secrets can be subject to claims for monetary compensation.
• Examples: Damage to a person's reputation in the workplace, such as job loss or loss of income, can form the basis for claims for monetary compensation.

The Process of Filing a Compensation Claim:

1. Determining the Violation: Sufficient evidence must be gathered to demonstrate a violation of privacy. This evidence is necessary to prove the violation in court.
2. Filing a Lawsuit: The aggrieved party may apply to the competent court to stop the violation and claim material/moral damages. This lawsuit may be filed in the court of the place where the violation occurred or in the court of the place where the defendant resides.
3. Court Review: The court assesses whether the violation occurred, the extent of the damage, and how that damage should be compensated. Correspondence between the parties, witness statements, and other evidence are considered in this process.
4. Decision: The court decides whether to accept the compensation claim and, if so, the amount of compensation. Following the decision, if the compensation claim is found to be justified, the infringing party is obligated to pay the determined amount.

The Importance of Liability for Damages:

Liability for damages offers victims a form of redress in cases of violation of privacy. This liability plays a deterrent role in protecting personal rights and serves as a tool to prevent unlawful interference. It also encourages respect for individual privacy and contributes to the preservation of social order.

 

Law Student Intern Nursena İbanoğlu