SECOND VOLUME..- Special Provisions
SECOND CHAPTER..- Offenses Against Individuals
NINTH SECTION..- Offenses Against Privacy and Secrecy of Life
Violation of Communicational Secrecy
Article 132.-
(1) Any person who violates secrecy of communication between the parties is punished with imprisonment from six months to two years, or imposed punitive fine. If violation of secrecy is realized by recording of contents of communication, the party involved in such act is sentenced to imprisonment from one year to three years.
(2) Any person who unlawfully publicizes the contents of communication between the persons is punished with imprisonment from one year to three years.
(3) Any person who openly discloses the content of the communication between himself and others without obtaining their consent, is punished with imprisonment from six months to two years,
(4) The punishment determined for this offense is increased by one half in case of disclosure of contents of communication between the individuals through press and broadcast.
Tapping and recording of conversations between the individuals
Article 133.-
(1) Any person who listens non general conversations between the individuals without the consent of any one of the parties or records these conversations by use of a recorder, is punished with imprisonment from two months to six months.
(2) Any person who records a conversation in a meeting not open to public without the consent of the participants by use of recorder, is punished with imprisonment up to six months, or imposed punitive fine.
(3)Any person who derives benefit from disclosure of information obtained unlawfully as declared above, or allowing others to obtain information in this manner, is punished with imprisonment from six months to two years, or imposed punitive fine up to thousand days.
Violation of Privacy
Article 134.-
(1) Any person who violates secrecy of private life, is punished with imprisonment from six months to two years, or imposed punitive fine. In case of violation of privacy by use of audio.-visual recording devices, the minimum limit of punishment to be imposed may not be less than one year.
(2) Any person who discloses audio.-visual recordings relating to private life of individuals are sentenced to imprisonment from one year to three years. In case of commission of this offense through press and broadcast, the punishment is increased by one half.
Recording of personal data
Article 135.-
(1) Any person who unlawfully records the personal data is punished with imprisonment from six months to three years.
(2) Any person who records the political, philosophical or religious concepts of individuals, or personal information relating to their racial origins, ethical tendencies, health conditions or connections with syndicates is punished according to the provisions of the above subsection.
Unlawful delivery or acquisition of data
Article 136.-
(1) Any person who unlawfully delivers data to another person, or publishes or acquires the same through illegal means is punished with imprisonment from one year to four years.
Qualified forms of offense
Article 137.-
(1) In case of commission of the offenses defined in above Articles;
a) By a public officer or due influence based on public office,
b) By exploiting the advantages of a performed profession and art, the punishment is increased by one half.
Destruction of Data
Article 138.-
(1) In case of failure to destroy the data within a defined system despite expiry of legally prescribed period, the persons responsible from this failure is sentenced to imprisonment from six months to one year.
Compliant
Article 139.-
(1) Excluding recording of personal data, unlawful delivery or acquisition of data and destruction of data, commencement of investigation and prosecution for the offenses listed in this section is bound to complaint.
Imposition of security precautions on legal entities
Article 140.-
(1) Security precautions specific to legal entities are imposed in case of commission of offenses defined in the above Articles by legal entities.
TENTH SECTION
..- Offenses in the field of Data Processing SystemsAccess to data processing system
Article 243.-
(1) Any person who unlawfully enters a part or whole of data processing system or remains there is punished with imprisonment up to one year, or imposed punitive fine.
(2) In case the offenses defined in above subsection involve systems which are benefited against charge, the punishment to be imposed is increased up to one half.
(3) If such act results with deletion or alteration of data within the content of the system, the person responsible from such failure is sentenced to imprisonment from six months up to two years.
Hindrance or destruction of the system, deletion or alteration of data
Article 244.-
(1) Any person who hinders or destroys operation of a data processing system is punished with imprisonment from one year to five years.
(2) Any person who garbles, deletes, changes or prevents access to data, or installs data in the system or sends the available data to other places is punished with imprisonment from six months to three years.
(3) The punishment to be imposed is increased by one half in case of commission of these offenses on the data processing systems belonging to a bank or credit institution, or public institutions or corporations.
(4) Where the execution of above mentioned acts does not constitute any other offense apart from unjust benefit secured by a person for himself or in favor of third parties, the offender is sentenced to imprisonment from two years to six years, and also imposed punitive fine up to five thousand days.
Improper use of bank or credit cards
Article 245.-
(1) Any person who acquires or holds bank or credit cards of another person(s) whatever the reason is, or uses these cards without consent of the card holder or the receiver of the card, or secures benefit for himself or third parties by allowing use of the same by others, is punished with imprisonment from three years to six years, and also imposed punitive fine.
(2) Any person who secures benefit for himself or third parties by using a counterfeit bank or credit card is punished with imprisonment from four years to seven years if the act executed does not constitute any offense other than forgery.
Imposition of Security Precautions on Legal Entities
Article 246.-
(1) Security precautions specific to legal entities are imposed in case of commission of the offenses listed in this section within the frame of activities of legal entities.