Regulations Regarding the Processing and Protection of Personal Data in the Judicial Records Law
1. General Overview
Law No. 5352, the Judicial Records Law, came into effect on June 1, 2005. The purpose of the law is to establish procedures and principles for the collection, classification, evaluation, preservation, and prompt and accurate notification to the concerned parties of information related to finalized criminal convictions and security measures using an automated system.
2. Information Recorded in Judicial Records
All judicial records, including personal data of Turkish citizens and foreigners who have committed crimes in Turkey, are kept in the Central Judicial Records at the Ministry of Justice Judicial Records and Statistics General Directorate. Information to be recorded in judicial records includes finalized prison sentences, data related to the suspension of sentences, judicial fines, alternative sanctions to short-term imprisonment, deprivation of certain rights, decisions revoking the consequences of criminal convictions due to withdrawal of complaints or effective remorse, decisions regarding the determination of statute of limitations, laws related to general or special amnesty, Presidential decrees related to special amnesty, military disciplinary punishments, and decisions related to security measures imposed due to mental illness. Disciplinary penalties and administrative fines are not recorded in this system. Decisions regarding the deferral of public prosecution and the postponement of pronouncing the judgment are recorded only upon request by the court, judge, or Chief Public Prosecutor in connection with an investigation or prosecution.
3. Use of Judicial Records
Judicial records are frequently used in various contexts due to regulations made by different legislation. It is utilized in the entry into public service, acceptance into certain public offices, application of repeat offender provisions in the criminal justice system, determination of qualifications of candidates in elections, and in firearm license processes, among other situations. Judicial records are provided to the relevant person, or with explicit mention in a power of attorney, to their legal representative, public institutions, professional organizations of public nature, district public prosecutors in local judicial records, district governorates, and in the central judicial records by the Ministry of Justice Judicial Records and Statistics General Directorate.
4. Archive Records
Information in judicial records is deleted from the judicial records and archived by the Ministry of Justice Judicial Records and Statistics General Directorate upon completion of the execution of the sentence or security measure, withdrawal of complaints or effective remorse revoking the consequences of criminal conviction, expiration of the statute of limitations, or in case of a general amnesty.
Archive records are requested by the person themselves, or with explicit mention in a power of attorney, by their legal representative, Chief Public Prosecutors, judges, or courts within the scope of an investigation or prosecution, authorized election boards, and relevant public institutions and organizations in cases specified in special laws. Without explicit mention in the law, the judicial records and archive records of a person cannot be requested by a relative, and this information cannot be used as a basis to deprive a person of any right. Judicial records and archive records related to individuals under the age of eighteen can only be requested by Chief Public Prosecutors, judges, or courts for evaluation within the scope of an investigation or prosecution.
5. Relevant Legislation
Article 11 of the Law states, “Judicial records and archive information are confidential. This information cannot be disclosed by officials and cannot be used for purposes other than the intended purposes specified by this Law.”
Article 12 of the Law is as follows:
1) Archive information:
a) Upon the death of the person concerned,
b) In terms of convictions that lead to a deprivation of rights according to Article 76 of the Constitution and laws other than the Turkish Penal Code, from the date when the conditions for archiving are met:
1.With the condition of the decision to return the prohibited rights being taken, after fifteen years,
2.Without the condition of the decision to return the prohibited rights being taken, after thirty years,
c) In terms of other convictions, from the date when the conditions for archiving are met, after five years, are completely deleted.
2) In case the act ceases to be a crime by law, the judicial records and archive records related to the conviction for this crime are completely deleted without the need for a request.
(3) In case of an acquittal or a decision of no place for punishment is finalized as a result of a reversal in favor of the law or a retrial, the judicial record and archive record related to the previous conviction are completely deleted.
(4) Records related to security measures imposed due to mental illness are completely deleted upon completion of the execution.
According to Article 13 of the Law, in the investigation and prosecution of a crime, judicial records and archive records may be queried directly by the court, judge, and Chief Public Prosecutor, with the approval of the Minister of Justice, by law enforcement and other public institutions and organizations. Public institutions and organizations may query the judicial records and archive records of individuals in accordance with the procedures and principles determined by the Ministry of Justice, in cases where the legislation requires the acquisition of judicial records and archive records. Real persons can query their own judicial records and archive records, and submit the results to the relevant authority in physical or electronic form, in accordance with the procedures and principles determined by the Ministry of Justice, using secure identity verification tools.
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