Violation of Privacy and Penalty
With the development of technology and the widespread use of the internet, the concept of privacy has become more important than ever. The protection of personal information and images is one of the fundamental rights and freedoms of individuals. In this context, the “Crime of Violation of Privacy” is regulated in the Turkish Penal Code (TCK).
In this blog post, we will provide detailed information about the definition, elements, penalty and sample cases of the crime of violation of privacy.
What is the Crime of Violation of Privacy?
According to Article 134 of the TCK, “A person who violates the privacy of individuals is punished with imprisonment from one to three years.”
Private life: Issues related to a person’s family and private life are evaluated within the scope of individuals’ private life. In this context;
Family relations
Marriage and sexual life
Health status
Professional relations
Financial status
Contact information
such information is related to private life.
Elements of the Crime of Violating the Privacy of Private Life
The following elements must be present for this crime to occur:
The perpetrator’s intent: The perpetrator must act with the intent to violate the privacy of private life.
Unlawfulness: The violation must be unlawful. Violations made with the person’s consent are not considered within this scope.
Violation of privacy: An information or image regarding private life must be learned, recorded, reproduced or disseminated without permission.
Punishment for the Crime of Violating the Privacy of Private Life
A prison sentence of one to three years is foreseen for the simple form of the crime.
The qualified forms of the crime are as follows:
Violation by recording images or sounds: In this case, the penalty is increased by one fold.
Disclosure: In the event that information or image regarding private life is disclosed to others without permission, the penalty is two to five years in prison.
Disclosure through press and publication: In this case, the penalty is two to five years in prison.
Examples of Violation of Privacy Crimes
Bugging a person’s home or car without their consent
Reading a person’s private correspondence or emails without permission
Recording or sharing a person’s private images
Leaking information about a person’s private life to the press or social media
