PROTECTION OF PERSONAL DATA WITHIN THE SCOPE OF THE LAW ON THE REGULATIONS OF BROADCASTS VIA INTERNET AND PREVENTION OF CRIMES COMMITTED THROUGH SUCH BROADCASTS

           The Law No. 5651 on the Regulation of Broadcasts via Internet and Prevention of Crimes Committed through Such Broadcasts is published and entered into force on 23.05.2007. The purpose and scope of this Law is; to regulate the obligations and responsibilities of content providers, hosting providers, access providers and mass use providers, and the principles and procedures of prevention of certain crimes committed on the internet through content, hosting and access providers. According to Article 3 of the Law, content, hosting and access providers are obligated to keep their identifier information on the basis of the principles and procedures determined by the regulation in a manner that is accessible to the users on the internet and in an up-to-date manner within the framework of the principles and procedures determined by the regulation. Those who do not fulfill this obligation will be given an administrative fine by the Head of the Information Technologies and Communications Authority. The obligations of the content and access providers are regulated in detail in the law and it is issued in the Regulation on the Procedures and Principles regarding the Regulation of Publications Made on the Internet. Within the extent of the law, the Association of Access Providers has been established with its central in Ankara.

           In Article 8 of the Law No. 5651, the acts are determined by the principle of numerus clausus. “It shall be decided to remove the content and/or to block access to publications that are made on the internet medium and that has adequate reason for suspicion that the content constitutes the following crimes: Encouragement of suicide, Sexual abuse of children, Facilitate the use of drugs or stimulants, Hazardous substance for health, Obscenity, Prostitution, Providing space and facilities for gambling, The Crimes included in the Law on Crimes Against Atatürk,  the crimes regulated under the Law on Regulation of Betting and Games of Chance in Football and Other Sports Competitions.”. The decision of removal of the content and/or blocking access is given by the judge in the case of the investigation and by the court in the case of prosecution. In case of any delay in the investigation, the public prosecutor may also decide to remove the content and/or to block access. In this case, the public prosecutor’s decision shall be submitted to the judge’s approval within twenty-four hours, and the judge shall make his decision within twenty-four hours at the latest. In this case, the decision will be sent to the Information Technologies and Communication Authority.

           Pursuant to Article 9 of the Law No. 5651, the real and legal persons, institutions and organizations claiming that the personality rights are violated due to the content published on the internet may ask to the content provider, or to the hosting provider if they cannot reach the content provider, to remove the contents from the broadcasting by using warning method, and may also request to remove the content and/or to block access to the content by applying directly to the judge of the court of peace. Requests of persons claiming violations of personality rights due to content published on the Internet are responded by the content and / or hosting provider within twenty-four hours at the latest. In the applications made under this article at the Criminal Court of Peace, the judge will make a decision without a hearing no later than twenty-four hours and in case of deciding to block the access he/she will send this decision to the Association of Access Providers

           In cases that will occur due to violation of the right to privacy of private life, the law has regulated a method that allows for faster action with Article 9/A. According to Article 9/A of the Law, persons who claim that their privacy is violated due to the content of a broadcast on the Internet may apply directly to the Authority and request the implementation of the measure to block access to the content. This request shall contain the full address (URL) of the publication that caused the violation, an explanation of from which aspects the right was violated, and information to prove identity information. The Head of the Information Technologies and Communications Authority will immediately notify the Association of Access Providers of this request received by him to be implemented, and access providers will fulfill this measure request immediately, no later than within four hours. Persons who request the blocking of access shall submit their request to block access on the grounds that their privacy of private life is violated due to the content of the broadcast on the internet to the final decision of the criminal judge of peace within twenty-four hours starting from their initial first request. The judge shall disclose his / her decision by evaluating whether the privacy of private life has been violated because of the content published on the internet within forty-eight hours at the latest and send it directly to the Authority; otherwise, the measure of the access blocking becomes void automatically. In cases where it is inconvenient to delay due to the violation of the right to privacy of private life,  the Authority shall block access directly upon the order of the President.

             Due to the shares made on the Internet, sometimes the value protected by personal rights and the right to respect for private life may be mutual, the legal remedies that those whose rights have been damaged can apply will be evaluated and be determined which legal remedy to apply for within the scope of Article 9 and 9/A of the law, taking into account the nature and urgency of the incident.

          Within the scope of the Law No. 5651; effective measures have been taken in order to prevent the violation of the right, in case of violation of personal rights as a result of the processing of personal data on the Internet or violation of the right to respect for private life. Both the law itself and the Information Technologies and Communication Authority are included in the institutional measures required to be taken by the state for the protection of personal data.