Competent authority

Pursuant to Law No 5651 on Regulation of Publications on the Internet and Combating Crimes committed by means of such publications, this power is being implemented by Information Technologies and Communication Authority.

Basis in law

Articles 3, 4, 5 and 6 of Law No 5651 on Regulation of Publications on the Internet and Combating Crimes committed by means of such publications.

If different for subscriber information

There is no difference. Information Technologies and Communication Authority is the competent authority.

If different for traffic data

There is no difference. According lo second article of Law No 5651, traffıc information refers to " IP addresses of the parties, time, period, the type of service used, tlıe amount of data transfered and if available, personal information of the subcriber". This definition also includes the definition of "subscriber information" appearing in the Article 18 with heading "Production Order" of Cyber Crime Convention, ETS 108. In both cases information Technologies and Communication Authority is the competent authority.

Form

Pursuant to Article 3 of Law No 5651, it was regulated that it is possible to make declaration to the service providers functioning in the country or abroad, via electronic posts or other means of communication obtained from means of Communications on web sites, domain name, IP address or similar sources.

Pursuant to Article 6 of Law No 5651, access providers shall be liable for saving the traffic information set forth in the regulation regarding the services they provide for a period of time to be no less than six months and no more than two years as to be determined by the regulation and ensuring the accuracy, integrity and confidentiality of such information. If the prosecutor's office requests those data through a judge and court decision, and if the data is still available and relevant to the provided service, the said data is being transmitted by information Technologies and Communication Authority as it is obtained from the relevant service provider.

Competent authority

Pursuant to Law No 5651 on Regulation of Publications on the Internet and Combating Crimes committed by means of such publications, this power is being implemented by information Technologies and Communication Authority.

Basis in law

Articles 5 and 6 of Law No 565.

If different for subscriber information

If different for traffic data

There is no difference. According to second article of Law No 5651, traffic information refers to " IP addresses of the parties, time, period, the type of service used, the amount of data transferred and if available, personal information of the subscriber". In both cases information Technologies and Communication Authority is the competent authority.

Form

Pursuant to Article 3 of Law No 5651., it was regulated that it is possible to make declaration to the service providers functioning in the country or abroad, via electronic posts or other means of communication obtained from means of Communications on web sites, domain name, IP address or similar sources.

Pursuant to Article 5 of Law No 5651. hosting providers shall be liable for saving the traffic information set forth in the regulation regarding the services they provide for a period of time to be no less than one year and no more than two years as to be determined by the regulation and ensuring the accuracy, integrity and confidentiality of such information.

Pursuant to Article 6 of Law No 5651, access providers shall be liable for saving the traffic infonnation set forth in the regulation regarding the services they provide for a period of time to be no less than six months and no more than two years as to be determined by the regulation and ensuring the accuracy, integrıty and confidentiality of such information.

Definition of emergency situation

Both in the penal Iaws (Turkish Criminal Code No. 5237 and Turkish Code of Criminal Procedure No. 5271) and in the Law No. 5651, the phrase "emergency situation" is replaced with the phrase "if there is peril in delay". The term defines the emergency situation as "situation where it is likely that the evidence might disappear".

Obligation to cooperate

The provisions in question shall be executed based on allocation of tasks and powers among the courts, prosecution offices and the police, in a system where information Technologies and Communication Authority is the competent authority.

Obligation of secrecy

"Confidentiality of Investigation" was regulated by Article 285 of the Turkish Criminal Code.

Non respect of the obligation of secrecy

According to this article, in case of infiingement of confidentiality of investigation, sentences of imprisonment differing from "six months" to "3 years" are being imposed, depending on the gravity of the act, for the cases regulated in Article 285.

Exception

For the formation of the crime, confidentiality of the investigation must be publicly breached. If the procedures of investigation and prosecution are broadcast within the limits of freedom of press, this does not constitute a crime.

The following is the text of said Article 285 of Turkish Criminal Code.

Breach of Confidentiality

Article 285 (Amended on 2/7/2012 - By Article 92 of the Law no. 6352)

1. Any person who publicly breaches the confidentiality of an investigation shall be
   sentenced to a penalty of imprisonment for a term of one to three years and judicial fine. This
   offence shall be committed when

(a) there is a breach of the right to presumption of innocence or breach of confidentiality of communication or the right to privacy by means of disclosing the content of the action carried out at the investigation stage;

(b) the disclosure made concerning the content to the action taken at the investigation stage is such as to hinder the reveal of the material fact.

2. Any person who breaches the confidentiality of decisions and subsequent actions carried out pursuant to this decisions which are taken at the investigation stage or required to be kept confidential in respect of those who are party to the investigation shall be sentenced to a penalty of imprisonment for a term of one to three years and judicial fine.
3. Any person who publicly breaches the confidentiality of explanations or images at the hearings required to be held closed by laws or decided to be held closed shall be subject to a penalty in accordance with the paragraph one. However, for breaches of confidentiality in relation to a decision which was taken to protect a witness the breach need not be public.
4. Where the offences specified in the above paragraphs are committed by a public officer by availing himself of the facility provided thanks to his profession, the sentence to be imposed shall be increased by one half.
5. Where, at the stage of investigation or prosecution, any persons' image is broadcast in a way which could give the impression that they are guilty of an offence_a a penalty of imprisonment for a term of six months to two years shall be imposed.
6. Reporting the aetions carried out during the investigation and prosecution phases as news without exceeding limits set out for reporting shall not constitute an offence.