In today's world, almost everyone uses social media. People who use social media can share their photos and state their opinions through applications. In addition, newspapers, books, songs, movies, everything we can think of is shared on social media, and comments are made on them. That's why social media accounts take on the personality of their users.
Yes, as stated above, it’s the personality. In this age of technology, marketing of products is made easier by using personal data. You can see, on another platform, the advertisement of any product you mention when using the messaging application called Whatsapp or using the sharing application called Instagram. This is because of the personal data entered when you subscribe to the specified applications.
Similarly, in the event of creating an account in the name of someone else on Facebook, Twitter, Instagram and e-mail applications, revealing other people's photos, videos, identity information, professions, beliefs, family situations, and of unauthorized use of the person's data will constitute the crime of obtaining personal data and will be punished according to the articles 135 and 136 of Penal Code.
What is this personal data?
It means any kind of information relating to an identified or identifiable natural person. Our name, surname, age, where we live, our phone number, what we do, our occupation, our interests. All this is our personal data and must be protected by law.
The Law No. 6698 on Protection of Personal Data, which entered into force on 7 April 2016, aims to protect the fundamental rights and freedoms of individuals, especially the privacy of individuals in the processing of personal data, and to regulate the obligations of and the principles and procedures to be complied with by the real and legal persons processing personal data.
With the Personal Data Protection Board resolution dated 21/12/2017 and numbered 2017/61 and in violation of the provisions of Law No. 6698 on Protection of Personal Data; it has been found that there are many applications and websites that provide services such as accessing the phone number information when the name is queried and accessing the name information when the phone number is queried and learning what name others are registered in the phone book with, by collecting personal data through various applications, websites or social media accounts without obtaining the express consent of the persons.
Within this scope;
If it is found out that the websites and applications carrying out these activities have not ended their activities, an application may be made to the authorized institutions for the prevention of access.
It has been unanimously decided that this resolution made pursuant to the paragraph 6 of Article 15 of the Law shall be published in the Official Gazette and on the website of the institution, and that legal action shall be taken against those who do not comply with this resolution under Article 18 of the Law.
The provisions of the Law apply to natural persons whose personal data has been processed and to natural and legal persons who process this data completely or partially automatically or in non-automatic ways provided that it is part of any data recording system. In short, the law imposes obligations on those who process personal data and regulates how people can protect their rights.
Our personal data is protected by the constitution and penal code. Articles 135, 136, 137 and 138 of the Turkish Penal Code aim to protect our personal data. The articles of the law only regulate the personal data in the computerized and hand-held data recording system and protect all kinds of personal data in this sense. Crimes related to personal data are investigated upon complaint, that is, an investigation is initiated with the complaint to the prosecutor's office, in case of harm done through personal data obtained. In case of non-compliance with the resolutions made by the Board, an administrative fine of up to TL 1,000,000 is imposed.
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