Crime of Seizing or Disseminating Personal Data (TCK 136)
It is a crime to intercept or disseminate data belonging to a person without permission. This crime is one of the elective movable crimes. Those who commit this crime should be punished if the perpetrator performs any of the acts of unlawful disclosure of personal data to someone else, unlawful dissemination of personal data, seizure of personal data. Therefore, it is necessary to punish the perpetrator by committing any of the following three electoral actions:
- Unlawful provision of personal data to someone else,
- Unlawful dissemination of personal data,, Interception of personal data.
- Interception of personal data.
The perpetrator of the crime
Anyone can be a perpetrator, as it can be committed by anyone in the crimes of recording personal data regulated in Article 135 of the TCK and the seizure and dissemination of personal data in Article 136 of the TCK.
Victim of Crime
In this crime, everyone can be the perpetrator, but also the victim. But the victim must necessarily be a real person.
What Information Is Considered Personal Data?
What should be understood from the concept of personal data is similarly explained in many national and international legal regulations.
In fact, Article 3 of Law No. 6698 also states that personal data refers to any type of information related to a specific or identifiable natural person. This definition should be based on all crimes, the subject of which personal data constitute. In fact, it is stated in the grounds of Article 135 of the TCK that the personal data that constitutes the subject of the crime means all kinds of information belonging to a natural person. Therefore, all types of personal data are the subject of these crimes. If we provide examples of personal data;
Population information, T.C. identification number, name, surname, place and date of birth, such as maternal and paternal name, criminal record, place of residence, educational status, occupation, bank account information, telephone number, e-mail address, blood type, marital status, fingerprints, DNA, hair, saliva, nails, sexual and moral inclination, health information, his ethnicity, political, philosophical and religious views, as well.
On the other hand, personal data obtained in accordance with the Law must be destroyed at the end of the periods established by special laws. If the data is not destroyed at the end of these periods the crime of non-destruction of personal data occurs.
Data such as photos, pictures, images, video recordings, etc. belonging to a person can constitute the crime of interception of personal data according to the specifics of the specific event, as well as the crime of privacy, which is a crime of a general nature according to this crime.
Elements of the Crime of Capturing or Dissemination of Personal Data
The crime of giving personal data to someone else: The “other” mentioned in the text of article 136 of the TCK covers both a natural person and a legal entity. For example, when personal data is unlawfully provided to person A or legal entity, the “crime of giving personal data to someone else” occurs. Personal data can be provided to these persons by means such as by hand, mail or electronic mail via the Internet. It does not matter in this electoral action whether the data were obtained in accordance with the law or by illegal means, but the important thing is that the act of giving information is unlawful.
The crime of disseminating personal data: Dissemination of personal data means disclosure or distribution of personal data to third parties. For example, actions such as posting personal data on a website on the Internet, posting this data via social media such as Facebook, Twitter, Instagram, or sending it to many people by e-mail or text message, publishing it in written or visual media are considered crimes to disseminate personal data.
The crime of interception of personal data: The actual seizure of personal data occurs when a personal data under the control of another person comes under the control of the perpetrator. It will be possible to obtain documents in which personal data is registered or intercepted from the information system in which it is registered, etc.
With the commission of the above elective actions, this offense is formed. It is not necessary that any damage has occurred due to the actions that constitute a crime.
Deadline and Limitation of Complaint of Offense
The crime of unlawfully giving or obtaining personal data is not a crime subject to complaint. Therefore, it is also not necessary to file a complaint by him for the investigation of the crime. When the report, complaint or otherwise finds out that the crime in question has been committed, an investigation by the prosecutor's office should be initiated spontaneously.
The statute of limitations on the offense must be reported to the prosecutor's office of the crime committed against the victim no later than 8 years from the date of the commission of the crime. Otherwise, an investigation into the crime will not be possible, as the statute of limitations on the case will expire.
Penalty for the Crime of Giving, Disseminating or Capturing Personal Data to Someone Else
According to article 136 of the TCK, the penalty for the crime of unlawfully providing, disseminating or seizing personal data is from 2 years to 4 years in prison.
The penalty will be increased by one fold if the subject of the crime is records and images containing the statements of a qualified victim of sexual assault or the victim child (CMKM.236/5-6).
Qualified States (TCK 137)
a) by a public official and by abuse of the authority conferred by his or her office,
b) By taking advantage of the convenience provided by a certain profession and art,
If it is processed, the penalty will be increased by half. In other words, the prison sentence imposed in accordance with Article 136 of the TCK is increased by 1/2 (Article 137 of the TCK), which means that the penalty for the crime is imprisonment from 3 years to 6 years.
Deferral of Sentence, Conversion to Criminal Fines, or HAGB
Imprisonment for the crime of seizing, disseminating or giving personal data to someone else, under certain circumstances to a judicial fine can be translated.
About the penalty imposed for the crime of seizing, disseminating or giving personal data to someone else revocation of the disclosure of the provision It is possible to make a decision.
Convicted for the crime of seizing, disseminating or giving personal data to someone else postponement of the prison sentence is also possible.
Responsible and Competent Court for Giving, Disseminating or Capturing Personal Data to Others
The court in charge of the crime of seizure, dissemination or passing of personal data to another person is the criminal courts of first instance. The competent court is the court where the crime was committed.
Lawyer in the Crime of Giving, Disseminating or Capturing Personal Data to Someone Else
It will certainly be in your favor to defend yourself together with a criminal lawyer, as it is a criminal offense in the nature of the crime of obtaining, disseminating or giving it to someone else, and the penalties imposed are high. It does not matter where the lawyer who handles the criminal cases in which you are going to work is or where the crime was committed. It makes no difference if your case is seen in Bakırköy, Çağlayan, Kartal, Ankara or İzmir courthouses. The important criterion here is that the lawyer with whom you are going to work effectively defends. That is why you do not need to search for criminal lawyer Istanbul, criminal lawyer Bakırköy, criminal lawyer Çağlayan, criminal lawyer Kartal.
It is advisable to contact our Law Office for support in resolving your disputes arising from the Criminal Law and for detailed information about your legal rights.