YOUR PERSONAL DATA HAS BEEN ACCESSED UNLAWFULLY, BUT
YOU DON'T KNOW ABOUT IT
IN THIS CASE, CAN THE PROSECUTOR'S OFFICE TAKE EXACT ACTION?
Image of the Constitutional Court dated TUESDAY, July 14, 2026 Regarding the Decision No. 2026/34 dated 16/4/2026 published in the Gazette;
First of all, Turkish Penal Code regulated in the 9th section of the Law on "Private Life and the Confidential Area of Life". "Counter Crimes" are crimes based on complaint. However, with Article 139 of the same Law, "Personal data recording, unlawful transfer or seizure of data and In case of violation of personal data by stating "except for destroying the data" It is possible to investigate and prosecute ex officio without being subject to complaint. has been provided.
Illegal giving of data or While the prosecution of the crime of seizure is not made dependent on the complaint, it is a more qualified crime Making the prosecution of the crime of violating the privacy of private life subject to a complaint, inequality between persons in similar situations in terms of protected legal values Equality before the law and protection of private life, stating that it causes An objection was made to the unconstitutionality of personal data.
The Constitutional Court ruled that personal data is unlawful The seizure or delivery of such a manner is only possible on the individual basis of the victim. interests, but also to the protection of personal data in society It is likely to damage the sense of security and public order regarding has decided. Thus, in the decision, such as listening to the speeches, Crimes in which the number of victims are few and crimes in which the number of victims is much higher By making a distinction between the violation of personal data involving The increase in the number of personal data beyond individual privacy as it affects the security and therefore has a negative impact on public order. emphasis was placed on its effect.
“In the rule, unlawful personal
Complaint requirement in pursuing the crime of giving or seizing data
It is clearly stated that he will not be searched and he is alleged to have committed the crime in question.
The rule is applied in the same way to all persons
It is understood. Application of the principle of equality before the law in criminal law
Pursuing different types of crimes aiming to protect different legal interests
It does not constitute an obstacle to adherence to procedural rules.”and“Those in different legal positions have different
It cannot be said that being subject to legal regulations causes inequality.
In this respect, there is nothing in the rule that conflicts with the principle of equality.”
provision has been established.
https://www.resmigazete.gov.tr/eskiler/2026/07/20260714-9.pdf