The meaning of the concept of personal data and how personal data will be recorded and protected is determined by the “Law No. 6698 on the Protection of Personal Data”.
SCOPE OF THE OFFENSE
Unlawfully acquisition of data is sufficient reason for the occurrence of this offense. Lawlessly recorded data does not necessarily have to be confidential. Personal data recording is the “unlawful” recording of all data that the person has not made accessible to unauthorized third parties and that is unknown or easily accessible by everyone, and that identifies or makes identifiable the identity of the person. And The concept of personal data does not only consist of information that enables individuals to be recognized such as name, surname and place of birth. In this context, all information that makes a person identifiable such as e-mail address, telephone number, photographs and videos etc. Fall within the scope of personal data.
STATUTE OF LIMITATIONS FOR CRIME
Although the crime of recording data is one of the crimes against private life, its prosecution is not among the crimes subject to complaint. When it is learned that the crime has been committed in any way, the prosecutor’s office must initiate an investigation spontaneously. There is no complaint period for the crime of recording data.
Charter limitations for the crime of unlawful recording of personal data is 8 years, and the crime committed against the victim must be reported to the prosecutor’s office 8 years before the date of the crime.
And the penalty for the offense of unlawful recording of personal data is imprisonment from 1 year to 3 years (Article 135/1 of the TPC).
THE OFFENSE OF RECORDİNG PERSONAL DATA
- By a public official (civil servant, etc.) and by abusing the authority of his/her position.
- By taking advantage of the facilities provided by a certain profession and art
If it is committed, prison sentence to be imposed pursuant to relevant article TPC is increased by 1/2.
In parallel with the development of technology and it is beneficial to get legal assistance from a lawyer in the trial of the crime of recording personal data. Which is one of the most committed crimes.
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