Confidentiality of private life is a legal value protected for the safe presence of the individual in social life. With the crime of privacy, it provides legal protection in areas where the private life of the individual is not wanted to be known by others.
Private areas of people that only concern themselves and require respect are secured both in international law texts and in legal texts belonging to our country.
Everyone has the right to demand respect for his private and family life. Inviolable confidentiality of private life and family life.
Conditions for the Crime of Violation of the Privacy of Private Life
Private life is the area that others do not know and do not need to know, and that one keeps to himself. Privacy begins when a person does not want his actions to be known to others in the community. The purpose of regulating the crime of privacy is to prevent interference in these areas of individuals. The crime of secrecy of private life occurs only if the person’s “private area” interferes with the area.
A crime is a crime committed with general intent. The person who violates the privacy of his private life must knowingly and willingly intervene in the area defined as “private life”.
Crime of Violation of Private Life of Famous People
The protected areas of publicly known individuals, such as artists, athletes, politicians, as “private life” can be interpreted more narrowly than individuals who are not in this category. Because, as a negative result of fame, their private lives are a matter of curiosity by the society compared to other individuals.
Taking pictures of famous people in a bikini is not the same as taking pictures of normal people in this way. Therefore, the private sphere of well-known individuals is more limited. This area varies according to their place in society.
Circumstances Increasing the Penalty for Violation of the Privacy of Private Life
By a public official and by misuse of his/her duty,
By taking advantage of the convenience provided by a certain profession and art, if committed, the penalty to be imposed is increased by half.
In addition, if the confidentiality is violated by recording images or sounds, the penalty to be imposed is increased by one fold.
Disclosure of sounds and images related to the privacy of private life constitutes the qualified form of the crime of violating the privacy of private life.
Is Private Life Offense Related to Complaint?
Without a complaint, the prosecutor’s office cannot conduct an investigation ex officio. The duration of the complaint is 6 months, starting from the date the victim learns that the act has been committed and the person who committed the act.
Private Life Offense Timeout
The statute of limitations is a criminal law institution that results in the state giving up its right to punish and the criminal case being dismissed if a lawsuit has not been filed even though a certain period of time has passed since the crime was committed, or if the lawsuit has not been concluded within the time period specified in the law. The statute of limitations for the crime of violating the privacy of private life is 8 years from the date of the crime.
Conciliation on the Offense of Privacy
Conciliation is the way to resolve the conflict by establishing communication between the perpetrator and the victim through a mediator. Complaining is not a waiver. The crime of violating the privacy of private life is among the crimes that require the application of reconciliation provisions.
What Does the Right to Privacy Mean?
Private life is the area that others do not know and do not need to know, and that one keeps to himself. Privacy begins when a person does not want his actions to be known to others in the community. It is tried to be prevented from interfering with the “private areas” of individuals with the crime of privacy.
What Does a Person’s Private Life Include?
While evaluating the phenomenon of “private life”, the position of the person in the society, profession, duty, social relations, and the characteristics of the environment are taken into consideration. Private life; It does not only consist of the life behind closed doors that the person does not share with others, but also includes information that everyone does not know or should not know, and that the person shares with others when they want.
Therefore, the fact that it is in the public domain does not mean that every image in this environment is watched or every sound is listened to, and that it is constantly and without permission. Even if it is in the public area, the activities of the person that enter the private area and do not want to be known are within the scope of private life.
