Sharing someone else's photo/video without permission is a violation under both KVKK and TCK art.134-136.
Categories of Violation
- KVKK art.6: Special nature (such as health, skin color)
- KVKK art.5: General personal data
- TCK Article 134: Violation of privacy
- TCK Article 135: Recording of personal data
- TCK Article 136: Illegal giving/seizing of data
- TBK Article 49: Tort compensation
Criminal Penalties
- TCK Article 134/1: 1-3 years imprisonment
- TCK art.134/2: 2-5 years imprisonment (do not record)
- TCK art.135: 1-3 years imprisonment
- TCK art.136: 2-4 years imprisonment
What the Victim Should Do
- Register screenshot and link
- Content to the platform removal complaint (Instagram, Twitter)
- Blocking access to criminal judgeship of peace within the scope of 5651/m.9
- Complaint to the KVKK Board (person/company sharing)
- Crime complaint to the public prosecutor's office
- Suit for material and moral damages
Compensation of the Victim Rights
- Material: loss of income, treatment expenses
- Spiritual: loss of reputation, sadness, fear
- The Supreme Court grants compensation up to tens of thousands of TL
Supreme Court 4. HD
4. HD accepts that unauthorized photo sharing constitutes a violation of "personal right + KVKK + TCK" and that the victim has the right to request each of them.
KVKK and internet law lawyer is recommended.