The crime of the processing of personal data by the press and broadcasting activity in the Turkish Penal Code

The aim of our thesis is to examine the elements of the crime, which was regulated under article 136 of Turkish Penal Code named unlawful delivery or acquisition of data, in order to emphasize the superiority of the two protected benefits if the crime is of issuing or obtaining data is processed within the scope of press and publication activities. The relationship of the dissemination movement in the legal definition of the crime to the press and broadcasting activity, the conflict in the case of the processing of the personal data by the press and broadcasting activity, the right to inform the press and the right of protection of personal data, the right to be given superiority in the way of public data, the national and international court orders were examined. Since the right to the protection of personal data and the right to the protection of privacy are interrelated, the press and broadcasting of individuals' voices and broadcasting activities are examined in terms of which crime will occur, doctrinal opinions and national and international court orders. In case of unlawful publication of personal data by the press and broadcasting, the reasons for compliance with the law are examined in accordance with the general principles of criminal law, and the special arrangement in the Personal Data Protection Law has been included in this regard and our criticisms have been put forward. In the Personal Data Protection Law, although processing of personal data is taken under protection in the scope of freedom of expression, it is observed that in the Turkish judicial system, the right of the public to be informed and the journalist's right to inform has been regressing. Therefore the journalist's right to inform should be included clearly in the Personal Data Protection Law.