Regulations About Personal Data Processing and Protection Regulations in the Law of the Management of Publications on the Internet and Measures Against Crimes Committed Through These Publications
1.General Overview
Law No. 5651, regulating the management of publications on the Internet and combating crimes committed through these publications, was enacted on May 23, 2007. The purpose of the law is to regulate the obligations and responsibilities of content providers, hosting providers, access providers, and public access providers, as well as the principles and procedures for combating specific crimes committed through content, location, and access providers in the online environment. According to Article 3 of the law, content, location, and access providers are obliged to keep their identifying information up-to-date and accessible for users on their own online platforms within the framework of the principles and procedures specified in the regulation. Failure to fulfill this obligation may result in administrative fines imposed by the President of the Information Technologies and Communication Authority. The obligations of location content and access providers are detailed in the law and elaborated in the “Regulation on Procedures and Principles Regarding the Regulation of Publications on the Internet.” Within the scope of the law, the Access Providers Union has been established in Ankara.
2.Crimes Which is Warranting Access Blocking
Article 8 of Law No. 5651 lists offenses for which a judge, court, or public prosecutor may decide to block access. Offenses include incitement to suicide, sexual exploitation of children, facilitating the use of drugs or stimulants, supplying dangerous substances for health, obscenity, prostitution, providing places and opportunities for gambling, crimes listed in the Law on Crimes Committed Against Atatürk, crimes listed in the Law on the Regulation of Betting and Gambling in Football and Other Sports Competitions, and crimes listed in Article 27 of Law No. 2937 on State Intelligence Services and the National Intelligence Organization dated November 1, 1983. In the investigation and prosecution stages of these offenses, a judge or public prosecutor may decide to block access, subject to the approval of the judge within 24 hours in cases where delay would be detrimental. In such cases, the decision will be sent to the Information Technologies and Communication Authority.
3.Access Blocking Request
According to Article 9 of Law No. 5651, individuals whose personality rights are violated due to online content may request the removal of the content by applying to the hosting provider if they cannot reach the content provider. Alternatively, they can directly apply to a peace criminal judge to request access blocking without making such applications. Requests from individuals claiming that their personality rights are violated due to online content will be responded to by content and/or location providers within twenty-four hours at the latest. In applications to Peace Criminal Judges, the judge will decide on the application under this article within twenty-four hours without holding a hearing. If the judge decides to block access, this decision will be sent to the Access Providers Union.
For cases involving the violation of privacy due to the disclosure of private life, Article 9/A allows for a faster response. Individuals claiming that their privacy has been violated due to online content can directly apply to the Information Technologies and Communication Authority to request the application of the access blocking measure. In this request, the full address (URL) of the content causing the violation, an explanation of the violation from different aspects, and information proving the identity will be provided. The President of the Information Technologies and Communication Authority will immediately notify the Access Providers Union of this request for implementation, and access providers will fulfill this request immediately, within a maximum of four hours. Individuals requesting access blocking will submit their application to the peace criminal judge within twenty-four hours from the time of application, alleging that their privacy has been violated due to the content published online. The judge, evaluating whether the privacy of private life has been violated due to the online content, will announce the decision within forty-eight hours and send it directly to the Information Technologies and Communication Authority; otherwise, the access blocking measure will automatically be lifted. In cases where there is urgency due to the violation of the privacy of private life, access blocking can also be carried out by the Authority upon the order of the President.
4.Legal Remedies
Legal remedies for those whose rights are harmed due to online sharing will be determined based on the nature and urgency of the incident, considering the provisions of Articles 9 and 9/A of the law.
In cases where personal data is processed in the online environment under Law No. 5651, effective measures have been taken to prevent the violation of personality rights or the infringement of the right to respect for private life. Both the law itself and the Information Technologies and Communication Authority include necessary institutional measures for the protection of personal data by the state.
Yalçın TORUN Attorney at Law
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