With the development of technology and the increasing place of the internet in our lives, our personal data has begun to take more place in the digital environment. This situation brought about the issue of protection of personal data. Recording and disseminating personal data via the internet is a crime regulated by Article 136 of the Turkish Penal Code (TCK). In this article, we will examine the elements, penalties and ways of protection of this crime.
What is the Crime of Recording and Disseminating Personal Data?
According to Article 136 of the Turkish Penal Code, anyone who unlawfully gives, disseminates or obtains personal data to another person is punished with imprisonment from two to four years. For this crime to occur, three elements must occur:
Illegality of personal data: Illegality of personal data means that these data are obtained, recorded or disseminated without the consent of the person concerned or without a legal reason.
Giving personal data to someone else, disseminating or seizing it: In order for a crime to occur, the perpetrator must give the personal data obtained illegally to someone else, disseminate it on the internet or take it into his own hands.
Intent to commit a crime: The perpetrator must have the intention to use personal data unlawfully.
Punishment for Crime
In cases where all of the above-mentioned elements are met, the perpetrator is punished with imprisonment from two to four years. Taking into account circumstances such as the manner in which the crime was committed and the intent of the perpetrator, the court determines a sanction within this penalty range.
Ways of Protection
We can take a number of measures to protect against the recording and dissemination of our personal data on the Internet. Some of these are those:
Using strong passwords and changing our passwords regularly.
Being careful when sharing our personal information on the internet.
Protecting our computers and mobile devices with antivirus and firewall software.
Not opening e-mails or clicking on attachments from sources we do not know or trust.
Being careful when sharing documents containing our personal information on the internet or storing them on devices.
