Informatics is a branch of structural science that researches the theoretical foundations of information and calculation and practical techniques that allow them to be applied and processed in computer systems.
Informatics Law, on the other hand, has emerged for the purpose of solving any crime, misdemeanor or any action requiring sanctions that can be committed through informatics, or any legal disputes that arise; it is a branch of law that is changing and developing every day. The boundaries and definition of the concept of informatics are changing, expanding and transforming every day. In this context, it brings with it constant changes in terms of the legislation of the whole country.
In the field of Criminal Law, crimes commonly committed with information systems are as follows;
Unauthorized Access to Computer Systems and Services
Computer Sabotage
Fraud By Computer
Counterfeiting By Computer
Unauthorized Use of a Computer Software
Misuse of Personal Data
Creating a Fake Personality and Impersonating a Personality
Illegal Publications
Theft of Trade Secrets
Terrorist Activities
Child Pornography
Hacking
Other Crimes (Organ trafficking, prostitution, threats, drug buying and selling, etc.)
Informatics crimes in the Turkish Criminal Code 243. it is arranged in the article and its continuation. according to this;
Article 243- (1) A person who illegally enters the whole or part of an information system or continues to stay there shall be sentenced to imprisonment or a judicial fine of up to one year.
(2) In case the acts defined in the above paragraph are processed about the systems that can be used for a price, the penalty to be given is reduced to half the rate.
(3) If the data contained in the system disappears or changes due to this act, a prison sentence of six months to two years is sentenced.
(4) (October: 24/3/2016-6698/30 art.) A person who illegally monitors data transfers that take place within an information system itself or between information systems by technical means without entering the system is punished with a prison sentence of one to three years. Dec.
Article 244- (1) A person who interferes with or disrupts the functioning of an information system is punished with a prison sentence of one to five years.
(2) A person who corrupts, destroys, changes or makes the data in an information system inaccessible, places data in the system, sends existing data to another place, is punished with a prison sentence of six months to three years.
(3) If these acts are committed on the information system of a bank or credit institution or a public institution or organization, the penalty to be imposed is increased by half.
(4) If it does not constitute another crime for a person to provide an unfair benefit for himself or someone else by committing the acts defined in the above paragraphs, a prison sentence of two to six years and a judicial fine of up to five thousand days shall be sentenced.
Article 245 – (Amended: 29/6/2005 – 5377/27 art.) (1) a bank or a credit card that belongs to someone else, under any circumstances, possessing or anyone in possession of the card holder or the card itself must be given to using it without the consent of the person or kullandirtara provides a benefit to himself or others if, three years to six years imprisonment and fined up to five thousand a day.
(2) fake bank accounts that belong to others by linking your bank or credit card producing, selling, circuit, or that person until the day they bought three to seven years of imprisonment and fined ten thousand.
(3) using a debit or credit card false fraud on or created, by the person that benefits oneself or others, the verb does not constitute another crime more severe criminal if four to eight years imprisonment and fined up to five thousand a day.
(4) The crime contained in the first paragraph;
One of the spouses whose separation decision has not been made on their rights,
If it is committed to the detriment of the parent or child, or one of the relatives-in-law to this degree, or the adoptee or adoption, c) one of the brothers living together in the same house, no penalty shall be imposed on the related relative.
(5) (October: 6/12/2006 – 5560/11 art.) Effective remorse provisions related to crimes against assets of this Law are applied in relation to the acts falling within the scope of the first paragraph.
Article 245/A- (October: 24/3/2016-6698/30 art.) (1) A device, computer program, password or other security code; the use of Information Systems in this section as the vehicle exclusively with crimes that can be processed by the creation or in the case of other crimes to be made for them in manufacturing, importing, referring, transporting, storing, receiving, selling, supply, sale, purchase, giving to others, or a person who holds one to three years imprisonment and fined up to five thousand a day.
Article 246- (1) Specific security measures shall be imposed on legal entities for whose benefit unfair benefits are provided by committing the crimes listed in this section.
In addition to the provisions of the article described above, it is possible to commit other crimes under the Turkish October Penal Code using information tools.
Routing suicide, child sexual abuse, the facilitation of the use of drugs or stimulants, drug trafficking, the supply of hazardous materials for health, obscenity, prostitution, gambling, providing space and opportunity for violation of privacy of the crime and the crime in the law on crimes against Atatürk, it is possible to be processed by using informatics tools.
Blocking Access
Due to the content published on the Internet, the right to request that the content be removed from publication has been regulated for persons whose rights have been violated. Natural and legal persons, institutions and organizations claiming that their personal rights have been violated due to the broadcast content made on the Internet can request the content provider to remove the content from publication by warning method by contacting the host provider if they cannot reach it, or they can also request the blocking of access to the content by contacting the criminal magistrate directly.
Requests made by contacting the content provider must be answered within 24 hours at the latest.
In the application made to the Criminal Judge of Peace, the judge gives it only by blocking access to the content in relation to the publication, section, section where the violation of the right of personality took place. Unless it is mandatory, it cannot be decided to block access to the entire publication made on the website. The decision is sent to the Association of Access Providers and blocking of access is ensured.
Request for Removal of Content
Youtube Negative Content or Copyright Infringement: Youtube has developed a fast mechanism for violations of copyright and interference with privacy, and when a complaint is notified, it either removes the relevant video link or makes its content copyrighted.
You can report copyright violations to the Youtube company from: Youtube Copyright Infringement Notice
You can report violations related to interference with private life with videos posted on Youtube from: Violation of Privacy
Twitter Negative Content Removal: Twitter performs the process of deleting/removing negative content by evaluating complaints made about the use of fake accounts, harassment, suicide cases and violation of privacy. You can report rights violations to Twitter here: Twitter Violation Notice
Facebook Delete/Remove Negative Content: Facebook, videos, images, articles, etc. since it is a social media platform that is broadcast in countless ways, the variety of violations is greater. For Facebook violations, you can complain here: Facebook Complaint and Violation Notice
Instagram Photo Delete/Removal: in photos shared via Instagram or abuse is a violation of privacy if you think that Instagram Help Center/Privacy and safety centre/thing, you can report the report button.
E-Detection
E-detection is a system established by the Union of Notaries of Turkey to detect online any data or information contained in websites or social media accounts on the Internet.
The processing steps are as follows:
The person who wants to make an e-determination on the Notaries Association of Turkey page first enters his/her identity information into the system.
The URL of the website containing the information or data to be determined is copied and pasted to the appropriate place on the notaries association page. The URL is scanned by the system and all the information contained in the URL is uploaded to the database of the Union of Notaries of Turkey.
After the data is uploaded, an application number is given to the person requesting e-detection. The identification process made online by going to any notary with the application number is approved by a notary and converted into a written document.
After the conversion of the e-determination made into a written document, the data determined will be used as evidence in civil and criminal cases.
Divorce, compensation, commercial litigation receivables and other events because of private life over the internet with cover of the relations of private law proceedings is performed on information systems; although it is not within the scope of the crime or criminal indemnification obligations give rise to indemnification obligations, in the sense of private law because it is the actions that give rise to it are covered by the law.
