Crime of unlawfully giving or seizing personal data (Turkish Penal Code art 136/1-2)

With the expansion of the activity areas of mass media and information systems, the diversity and circulation of personal data has increased tremendously. The protection of personal data related to almost every area of our lives by the legal order is very important in this period, which is expressed as the information age we live in. In this context, in addition to other branches of law, criminal law, which continues to be one of the effective ways of protecting rights and freedoms, is also applied in our country. The subject of this study is the crime of illegally giving or seizing personal data, which is one of the types of crime established for the protection of personal data and regulated in Article 136 of the Turkish Penal Code. The subject of study is crime; The concepts of "personal data" and "unlawfulness", which are very important in terms of illuminating the crime in terms of its material and moral elements, are examined in detail within the framework of the general theory of crime, and in this context, the views put forward in the doctrine are included. However, crime has been analyzed in the light of judicial decisions and efforts have been made to propose solutions to the problems encountered in terms of legislation and implementation.