The Use of Panels in Turkey and Legal Sanctions

Alper SEFA
Oct 1, 2024
4 min read

In recent years, with the widespread use of the internet, the rise of systems referred to as "panel use" has sparked various legal debates. These panels can be associated with the collection, storage, and sometimes malicious use of personal data online. While panel systems can be employed for legitimate purposes such as account management, data tracking, and analytics on various digital platforms, they can also be exploited by cybercriminals for monitoring unlawful activities or stealing personal data. In Turkey, there are strict sanctions against illegal data collection efforts, particularly those utilizing panel systems. This article will explore the legal dimensions of panel use in Turkey and the associated criminal sanctions.

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What is Panel Use?

Panel use refers to the centralized management of multiple accounts and data sources on the internet. These panels, often used for managing social media accounts and websites, simplify content control, user interactions, and overall account management. However, panel systems can sometimes be misused by cybercriminals to monitor personal data, seize user accounts, or collect illegal data.

Legal Framework

The Turkish Penal Code (TPC) and the Personal Data Protection Law (PDPL) regulate illegal data collection and use through panel systems. Article 136 of the TPC criminalizes the unlawful acquisition of personal data. Meanwhile, the PDPL outlines provisions for the protection, processing, and storage of personal data. These laws are enforced to prevent illegal data activities carried out through panel systems.

TPC Article 136 – The Unlawful Provision or Acquisition of Personal Data

According to Article 136 of the TPC, anyone who unlawfully provides, disseminates, or acquires personal data may face imprisonment from two to four years. Individuals who use panel systems to monitor others' personal data or share such data with third parties could face severe criminal penalties under this provision.

PDPL and Data Security

The Personal Data Protection Law No. 6698 prohibits the unauthorized processing and sharing of personal data. Unauthorized use of personal data obtained via panel systems falls under the purview of the PDPL and can result in severe penalties. Individuals who violate the PDPL may face administrative fines and legal liabilities. Under the PDPL, data controllers who fail to take necessary security measures could be subjected to fines of up to 1 million Turkish Lira.

Circumstances Under Which Panel Use is Prohibited

In Turkey, the use of panel systems is considered illegal when personal data is obtained, stored, or shared without consent. Collecting personal information without express consent and using it for commercial purposes is prohibited under the PDPL. Furthermore, selling or sharing this data with third parties constitutes a criminal offense under the TPC.

Example: Social Media Panel Frauds

Recently, several incidents of social media account takeovers and unauthorized use of personal information have occurred through panel systems. Particularly on popular platforms like Instagram, Facebook, and Twitter, user account information has been seized through panel systems and later sold to malicious actors. Perpetrators of such crimes are subject to harsh penalties under both the PDPL and the TPC.

Legal Processes Related to Panel Use

If illegal activity involving a panel system is detected, victims may initiate various legal actions. Individuals whose personal data has been compromised through panel use may first apply to the Personal Data Protection Authority (PDPA). The PDPA conducts investigations and imposes administrative sanctions on offenders if deemed necessary.

1. Filing a Criminal Complaint with the Public Prosecutor

It is possible to file a criminal complaint with the public prosecutor against individuals who use panel systems to collect personal data illegally. Upon the complaint, the prosecutor initiates an investigation, and based on the evidence, may open a case against the perpetrators. In this process, digital evidence holds significant importance. Messages, screenshots, and other digital documents related to panel use should be submitted to the prosecutor's office.

2. Applying to the Personal Data Protection Authority

If a violation of the PDPL is detected, victims may apply to the Personal Data Protection Authority (PDPA). The Authority has the power to impose administrative fines on the individuals or institutions involved. Additionally, if it is determined that personal data has been unlawfully used, victims may request the deletion of such data.

Criminal Sanctions and Judicial Processes

Acts involving personal data theft or illegal data collection through the use of panels are subject to severe penalties under criminal law. According to Article 136 of the TPC, those who unlawfully acquire personal data can face imprisonment of two to four years. Furthermore, those who act in violation of the PDPL may face administrative fines.

"In Turkey, the use of panels for the unauthorized collection and use of personal data can result in significant legal sanctions. Personal data, protected under the TPC and the PDPL, must be safeguarded from illegal activities, and victims' rights must be defended through legal processes. While panel systems may offer benefits when used for legitimate purposes, they can lead to criminal offenses and severe penalties when employed for malicious purposes."

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