Paylaş: Violation of Privacy: Offense, Penalties, and Legal Implications in Turkish Law
The Turkish Penal Code Article 134 regulates the violation of privacy offense. It is considered an attack on an individual's privacy and carries specific penalties. Anyone who violates another person’s privacy can be punished with imprisonment from one to three years. If this violation is committed through the recording of images or sounds, the penalty is increased by one fold.
Definition and Scope of the Violation of Privacy Offense
This offense aims to protect individuals' privacy. According to the Supreme Court of Turkey, "privacy" includes not only activities behind closed doors but also private information and events that should not be known by others. For the offense to be constituted, the violation of privacy must be achieved through intentional effort.
Elements of the Violation of Privacy Offense
Violation of Privacy: This involves unauthorized interference with an individual's privacy.
Recording of Images or Sounds: The recording of images or sounds as part of the violation increases the severity of the offense.
Disclosure: Disclosing personal information or images without the individual's consent constitutes the offense.
Aggravating Factors in Violation of Privacy Offense
Committed by a Public Official: If the offense is committed by a public official using their authority, the penalty is increased.
Facilitated by a Specific Profession or Art: If the offender uses professional advantages to commit the offense, the penalty is also increased.
Penalties for Violation of Privacy
Article 134/1 of the Turkish Penal Code: Imprisonment from one to three years.
Article 134/2: If the violation is committed through recording images or sounds, the penalty is doubled.
Disclosure: If personal images or sounds are disclosed, imprisonment from two to five years is imposed
Complaint and Settlement in Violation of Privacy Cases
This offense requires a formal complaint, with a six-month limitation period. If the complaint is withdrawn, the case is dismissed, and settlement is possible.
Examples of Violation of Privacy Offense
Sharing on Social Media: Unauthorized sharing of private images on social media constitutes this offense.
Invasion of Home Privacy: Entering a person's home to record private moments leads to both privacy violation and breach of home privacy.
