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IT law

IT law is a branch of law that deals with the sharing of digital information. It covers internet law, which sets the legal framework for the use of the internet. In this context; Concepts such as privacy and freedom of expression are also related to informatics law.

"Crimes in the Field of Informatics" is regulated in the Tenth Section of the Third Part of the Turkish Penal Code No. 5237 titled "Crimes Against Society".
 

  • Entering the information system (TCK art.243),

  • Blocking, disrupting, destroying or changing data (TCK m.244),

  • Misuse of debit or credit cards (TCK art. 245),

  • Forbidden devices or programs (TCK art. 245A) and Enforcement of security measures against legal entities (TCK art. 246)
     

The articles contain direct criminal acts and sanction regulations related to them.
 

The development of science and the indispensable nature of the internet in our social life made it necessary to make new crimes and new regulations over time. The crime of prohibited devices or programs included in article 245A added to the Turkish Penal Code with Article 30 of the Personal Data Protection Law No. 6698 dated 2016 is an example. On the other hand, in the Turkish Penal Code, an increase in the penalty is regulated in the case of crimes such as fraud, if the crime is committed by using the internet or information systems as an intermediary.
 

In other parts of the Turkish Penal Code, there are provisions related to information systems, which sanction the use of information systems as a tool or to gain unfair advantage by using information systems.
 

 “Crimes Against Private Life and Confidential Area of Life”In Chapter Nin, titled  ;

  • Recording of personal data (Article 135 of the TCK),

  • Giving or seizing data unlawfully (Article 136 of the TCK),

  • Not destroying data (TCK m.138)

  • The crime of violation of the confidentiality of communication (TCK art. 132),

  • Insult (Article 125 of the TCK),

  • The crime of preventing communication (Article 124 of the TCK),

  • Theft crime committed through the use of the information system (TCK art.142/2-e),

  • Fraud crime committed through the use of the information system (TCK art. 158/1-f)

  • Abuse of bank or credit cards (TCK art.241)
     

involved in crimes such as
 

 

In addition, the Council of Europe's Cyber Crime Convention is an international convention that should be known in terms of IT crimes and IT law. As a matter of fact, according to Article 90 of the Constitution, superiority is given to international agreements.

Council of Europe Convention on Cybercrime; It undertakes to make arrangements in the domestic laws of the contracting states regarding cyber crimes and to international judicial cooperation.

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