Section Five of the 1982 Turkish Constitution is entitled, "Privacy and Protection of Private Life."[2677] Article 20 of the Turkish constitution deals with individual privacy and states, "Everyone has the right to demand respect for his private and family life. Privacy of individual and family life cannot be violated."[2678] Article 20 prohibits the search or seizure of any individual, his private papers, or his belongings unless there exists a decision duly passed by a judge in cases explicitly defined by law, and unless there exists an order of an agency authorized by law in cases where delay is deemed prejudicial. Article 22 preserves the secrecy of communication and states that "Communication shall not be impeded nor its secrecy be violated, unless there exists a decision duly passed by a judge in cases explicitly defined by law, and unless there exists an order of an agency authorized by law in cases where delay is deemed prejudicial."[2679] In October 2001, in a move aimed at improving its chances of accession to the European Union, Turkey passed the Constitutional Amendment Bill, containing thirty-four proposals for amendment to the Constitution.[2680] Several the proposals strengthen the basic rights and freedoms of individuals, including increased protection for privacy of the person and the home.[2681]
The Turkish Ministry of Justice has been working on data protection legislation for several years without success. In the summer of 2000, a working party was established to facilitate this effort but so far there are no reports of any progress and a public draft has not been issued. A May 1998 report by the E-Commerce Laws Working Party[2682] emphasized both the importance of facilitating the collection and processing of personal data and the protection of personal data of individuals in the information age.
Within the Turkish national legislation, the protection of personal rights is regulated in the Civil Code. Pursuant to Article 24 of the Civil Code, an individual whose personal rights are violated unjustly may bring a civil action to protect against such violation. However, there is little criminal liability for such violations of personal rights. Under the current Turkish Criminal Code, computer-related offenses can be prosecuted pursuant to Amendment 3756, "Crimes on Informatics."[2683] However, there is no protection in Turkey for personal data through data protection laws.
Articles 195-200 of the Turkish Criminal Code govern freedom of communication through letters, parcels, telegram and telephone. Government officials are required, subject to various exceptions, to obtain a judicial warrant before monitoring private correspondence. Despite the existing laws and regulations, rights to privacy and to private communications are not well respected in Turkey and there is widespread illegal wiretapping by the government.
In 1997, the Turkish parliament set up a telephone bugging committee to investigate allegations of government phone taps. The Committee confirmed that the Security Directorate listens in on all telephone communications, including cellular calls. In a secret fifty-page report documenting government bugging of telephones, the then acting Security Director Kemal Celik, confirmed allegations that the Security Directorate listens in on all telephone communications, including cellular calls.[2684]
In December 1999, a Turkish court convicted the deputy head of Ankara's police intelligence division, Zafer Aktas, of abuse of office for his part in a telephone tapping scandal, in which Ankara police were accused of bugging the prime minister's telephones.[2685] In March 2000, the Chairman of the Supreme Court's 8th Department, Naci Unver, sued the Interior Ministry after discovering that his official phone was bugged. The Interior Ministry defended the tapping, saying that the claims that the incident was a violation of personal freedom and of the independence of the juridical system were "obscure and pointless." The Ministry demanded the withdrawal of the lawsuit for compensation, saying, "Or else there would be no end to lawsuits filed." The Ministry also claimed that the police department had "just listened" but not carried out a criminal recording and thus, the events did not damage suitors in any concrete way. In its second report, the Ministry also stated that if compensation were to be paid, it would result in unnecessary wealth gain for the victim.[2686] The Interior Minister stated that new guidelines would be issued soon and punishment for illegal wiretaps would be forthcoming.[2687] However, no such guidelines have been issued and allegations of illegal wiretapping continue.
In April 2001, Istanbul Security Director was accused of wiretapping the Istanbul Governor's telephone calls. The Security Director denied the allegations as slanderous.[2688] In May 2001, the Foreign Ministry launched an investigation following reports that its phones were being tapped.[2689] The Parliament Speaker also expressed concern about the alleged surveillance of a deputy from the Motherland Party and referred the matter to the State Security Court (DGM).[2690] The Interior Ministry issued a statement calling allegations of continuing illegal wiretapping of people and institutions "baseless and unfair"[2691] but on June 15, 2001 released a decree establishing an inspection delegation of three chief inspectors from the Directorate General of Security, to determine whether officials have been abusing their authority.[2692] In May 2002, the Wiretapping and Investigation Committee (a sub-committee of the Human Rights Investigation Committee) issued its final report finding that cellular phones are easily monitored by operating companies and that the Mafia engages in illegal wiretapping.[2693] In February 2002, a scandal broke following the publication in a weekly magazine, of the private e-mails of the EU's ambassador to Turkey.[2694] From March to April of 2003, an increase in digital attacks attributable to hackers in Turkey was reported.[2695]
In April 2000, the government introduced a new bill proposing the establishment of a Council for the Security of National Information and its Duties within with the Prime Minister's office. The Council was to address issues including data protection, encryption and security of information systems[2696] and would have been authorized to collect all types of Internet transmissions in secrecy. The draft Bill was heavily criticized and was eventually dropped.
In 1990, a parliamentary commission on human rights was established with the power to monitor the human rights situation in Turkey and abroad. Currently, the commission consists of 25 parliamentarians, three consultants and four secretaries. Since its inception, the commission has pursued some twenty cases on its own initiative. Most of these cases relate to alleged violations of physical integrity[2697] and it is unknown whether the Commission has dealt with any cases of individual privacy. A large number of cases against Turkey for violations of human rights have been brought before the European Court of Human Rights.In 1996, the Court in Akdivar and others v Turkey,, a case concerning attacks on a village in south-east Turkey, ruled that the deliberate burning of villagers' homes and their contents was an unjustified and serious interference with the right to respect for their family lives, in violation of article 8 of the European Convention. [2698] In June 2002, the Court again ruled that relatives of Kurdish villagers who disappeared following a raid by the Turkish army in 1994 were entitled to compensation for violations of the right to privacy.[2699] In July 2001, the Interior Minister released a circular, "Violation of Decisions of European Court of Human Rights," advising officials to respect individuals' rights, so as to improve the country's record before the Court and other democratic nations.[2700] Among other issues, the Minister specified that, in order to comply with Article 8 of the European Convention on Human Rights, judicial authorization is necessary before houses can be searched.
Due to recent expansions in the global trend towards electronic commerce, new means for supporting e-commerce are currently being introduced in Turkey.[2701] Recently, the Electronic Commerce Coordination Commission was formed within the Undersecretariat of Foreign Trade to prepare a Draft Law for Electronic Data, Electronic Contract and Electronic Signature Code.[2702] The Commission has completed the Draft Law, which is currently under review in various related institutions.[2703]
Turkey is a member of the Council of Europe and has accepted the Council's monitoring mechanism.[2704] It signed the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data (ETS No. 108) in 1981 but has not ratified it.[2705] It has signed and ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms.[2706] Turkey has also been a member of the Organization for Economic Co-operation and Development since 1961.