Informatic is a structural science that researches the theoretical foundations of knowledge and computing and practical techniques that enable them to be applied and processed in computer systems.
IT Law has emerged in order to resolve any legal disputes arising or any act that requires a crime, misdemeanor or sanction that can be committed through informatics. It is a branch of law that is changing and developing day by day.
The boundaries and definition of the concept of informatics change, expand and transform every day. In this context, it brings about constant changes in terms of all country legislation.
In the field of Criminal Law, crimes commonly committed with information systems are as follows;
Unauthorized Access to Computer Systems and Services
Computer Sabotage
Fraud Through Computer
Falsification Through Computer
Unauthorized Use of a Computer Software
Misuse of Personal Data
Personality Imitation and Creating Fake Personality
Illegal Publications
Theft of Trade Secrets
Terrorist Activities
Child Pornography
Hacking
Other Crimes (Organ trade, prostitution, threat, drug trading, etc.)
In the Turkish Penal Code, IT crimes are regulated in article 243 and its continuation.
According to this;
ARTICLE 243- (1) Any person who illegally enters the whole or part of an information system or continues to stay there is sentenced to imprisonment of up to one year or a judicial fine.
(2) In the event that the actions defined in the above paragraph are committed against the systems that can be used for a fee, the punishment to be imposed is reduced to half.
(3) If the data contained in the system is destroyed or changed due to this act, a prison sentence of six months to two years is imposed.
(4)(Annex: 24/3 / 2016-6698 / 30 art.) Anyone who unlawfully monitors data transfers within an information system or between information systems with technical means without entering the system is punished with imprisonment from one to three years.
ARTICLE 244- (1) Any person who hinders or disrupts the operation of an information system is punished with imprisonment from one to five years.
(2) Any person who distorts, destroys, changes or put data in an information system inaccessible, ing data into the system, sending existing data elsewhere is punished with imprisonment from six months to three years.
(3) The punishment to be imposed is increased by half in the event that these actions are committed on the information system of a bank or credit institution or a public institution or organization.
(4) In the event that a person gains an unfair advantage for himself or someone else by committing the acts described in the above paragraphs does not constitute another crime, he is sentenced to imprisonment from two years to six years and a judicial fine of up to five thousand days.
ARTICLE 245 - (Amendment: 29/6/2005 - 5377/27 art.)(1) If the person who seizes or holds a bank or credit card belonging to someone else, by using or making use of it without the consent of the cardholder or the person to whom the card should be given, benefits himself or someone else, imprisonment from three years to six years and up to five thousand days punished with a judicial fine.
(2) A person who produces, sells, transfers, purchases or accepts fake bank accounts or credit cards by associating them with others' bank accounts is punished with imprisonment from three to seven years and a judicial fine of up to ten thousand days.
(3) A person who benefits himself or someone else by using a counterfeit bank or credit card is punished with imprisonment from four to eight years and a judicial fine of up to five thousand days, unless the act does not constitute another crime requiring a heavier penalty.
(4) In case of commitment of the crime stated in the first paragraph to the detriment of the following persons, no punishment is imposed for the relevant relative.
a. One of the spouses who have not been given a separation decision about them,
b. One of the ancestors or descendants or relatives in-laws to this degree, or adoptive or adopted,
c. One of the siblings living together in the same residence
(5) (Annex: 6/12/2006 - 5560/11 art.) With regard to the acts within the scope of the first paragraph, effective repentance provisions regarding crimes against property of this Law are applied.
Article 245 / A- (Annex: 24/3 / 2016-6698 / 30 art.)(1) A device, computer program, password or other security code; In the event that they are made or created exclusively for the commission of crimes in this Section and other crimes that can be committed by using information systems as tools, if they are manufactured, imported, shipped, transferred, stored, accepted, sold, offered for sale, purchased, the person who gives or has it is punished with imprisonment from one year to three years and a judicial fine of up to five thousand days.
ARTICLE 246- (1)Security precautions specific to legal entities are imposed on legal entities with unfair advantage by committing the crimes listed in this section.
In addition to the provisions of the article explained above, it is possible to commit other crimes within the scope of the Turkish Penal Code by using information tools.
Encouraging suicide, sexual abuse of the child, facilitating the use of drugs or stimulants, drug trafficking, providing hazardous substances for health, obscenity, prostitution, providing a place and opportunity for gambling, violation of privacy of private life, crimes in the Law on Crimes Against Atatürk and It is possible to commit many more crimes using information tools.
Blocking of Access
The right to request the removal of the content from the broadcast has been regulated for the persons whose rights are violated due to the content on the internet environment.
Real and legal persons, institutions and organizations that claim that their personal rights have been violated due to the content of broadcasting on the Internet may contact the content provider or, in case they cannot reach this, the hosting provider, and may request that the content be removed from the broadcast by warning method. In addition, they can request the blocking of access to the content by applying directly to the Criminal Magistrate Judge.
Requests made by contacting the content provider must be answered within 24 hours at the latest.
In the application made to the Criminal Magistrate Judge; Judge only decides by the method of blocking access to the content in relation to the broadcast, section, section where the violation of the right of personality occurs. Unless it is mandatory, it cannot be decided to block the entire broadcast on the website. The decision is sent to the Access Providers Association to prevent access.
Request for Removal of Content
Youtube Negative Content or Copyright Infringement: Youtube has developed a rapid mechanism for copyright and privacy violations, and when a complaint is reported, it either removes the relevant video link or makes its content suitable for copyright.
You can report copyright infringement to Youtube company: Youtube Copyright Infringement Notice
In the videos posted on Youtube, you can report violations against private life from here:
Breach of Confidentiality
Twitter Negative Content Removal: Twitter evaluates complaints about the use of fake accounts, harassment, suicide cases and violations of privacy, and s / removes negative content.
You can report rights violations to Twitter from: Twitter Violation of Right Notice
Facebook Negative Content Deletion / Removal: Since Facebook is a social media platform where videos, pictures, articles, etc. are published in numerous ways, the variety of violations is greater.
You can report violations on Facebook from: Facebook Complaint and Violation Notification
How to Delete / Remove Instagram Photos: If you think there is a violation or abuse of privacy in the photos shared on Instagram, you can complain from the Instagram Help Center / Privacy and Safety Center / Report something button.
E-Detection
E-determination is the online system that set up by Notaries Union of Turkey to detect any data or information on websites in the internet or social media accounts.
Operation steps are as follows:
People who want to make the e-detection in the page of Notaries Unions of Turkey, first enter their identification informations to the system.
The URL of the web page containing the information or data to be detected is copied and pasted to the relevant place on the notaries page. All information contained in the URL by URL scanning system is loaded into Turkey Notaries Union's database.
After the data is uploaded, an application number is given to the person requesting e-detection. The online determination process by going to any notary public with the application number is approved by a notary and converted into a written document.
After the e-determination is transformed into a written document; The determined data will be used as evidence in civil and criminal cases.
Divorce, compensation, receivables and other commercial lawsuits, as well as private life relationships, also include online events. For this reason, in private law cases carried out over information systems; Actions that are not within the scope of a crime but that cause compensation obligations or that cause indemnification obligations in the sense of private law due to being a crime are within the scope of IT law.