Av. Sevcen CAN & Av. Yasemin ÇORAK
In our previous article, we explained the enforcement of crimes and misdemeanours concerning personal data and we shared detailed information regarding misdemeanours (Please see…). In this article, we will explain the crimes concerning personal data under Turkish Penal Code.
Turkish Penal Code No. 5237 shall apply in terms of crime concerning personal data. The enforcement of crimes concerning personal data are regulated in Articles 135-140 of Turkish Penal Code. According to the Code, acts of recording of personal data, obtaining or giving data illegally and not destroying data are regulated as a crime;
Recording of personal data: Any person who illegally records one’s personal data shall be sentenced to a penalty of imprisonment for a term of 1 to 3 years. Where the act of recording of personal data are committed regarding another person’s political, philosophical or religious opinions, their racial origins, their illegal moral tendencies, sex lives, health or relations to trade unions, penalty to be imposed shall be increased by one half.
Obtaining or giving data illegally: Any person who illegally obtains, disseminates or gives to another person’s personal data shall be sentenced to a penalty of imprisonment for a term of 2 to 4 years.
In cases where the offences of recording, obtaining or giving of personal data are commited by a public official misusing his power derived form his public post or by benefiting from the privileges derived from a profession or trade, the penalty to be imposed shall be increased by one half.
Not destroying the data: Any person who fails to destroy data in accordance with the prescribed procedures, after the expiry of the legally prescribed period for destruction, shall be sentenced to a penalty of imprisonment for a term of 1 to 2 years.
The commencement of an investigation and prosecution for the acts of recording, obtaining, giving or not destroying of personal data are not subject to complaint.