Cyber Law and Cybersecurity Policies in Turkey with Real-Life Applications

Abstract: This article delves into the realm of cyber law and cybersecurity policies in Turkey and compares them with real-life incidents. It explores the implementation of cybersecurity policies, cybercrimes, legal precedents, and noteworthy cases in Turkey. Additionally, the article examines the efforts of organizations like the Istanbul Bar Association and the Lawyer’s Rights Group, with a focus on Gokhan Ahi’s contributions. The real-world application of cybersecurity policies is assessed by analyzing incidents like the data breach of Yemek Sepeti and the leak of e-government data.

Keywords: Cyber Law, Cybersecurity Policies, Cybercrimes, Legal Precedents, Istanbul Bar Association, Lawyer’s Rights Group, Gokhan Ahi, Yemek Sepeti Data Breach, E-Government Data Leak

Introduction

In the digital age, the widespread use of technology has given rise to cybercrimes, necessitating robust cyber law and cybersecurity policies. Turkey, like many other countries, has been grappling with the challenges posed by cyber threats. This article seeks to shed light on the efficacy of cyber law and cybersecurity policies in Turkey by analyzing their real-life applications.

Turkey’s Information and Communication Technology (ICT) Policies and the Role of BTK

Turkey’s Information and Communication Technology (ICT) sector has witnessed significant growth in recent years, presenting both challenges and opportunities. This part delves into the ICT policies implemented by the Turkish government and examines the role of the Information and Communication Technologies Authority (BTK) in regulating the sector. It critically analyzes the impact of recent legal changes and decisions on digital privacy, free expression, data localization, and e-SIM technologies. By investigating historical examples and current developments, this part aims to provide insights into the present state of Turkey’s ICT landscape and offers recommendations for improvement.

1. Overview of Turkey’s ICT Market: The ICT market in Turkey has seen substantial growth, reaching $26.9 billion in 2020. While communication technologies accounted for $17 billion, information technologies constituted $9.9 billion of the market size. However, challenges arise from the existing digital services tax (DST), local content requirements, and restrictions on social media platforms, making it difficult for foreign vendors to operate in Turkey. The transition from the existing DST to an international tax framework in 2023 may offer new opportunities for the ICT industry.
2. Digital Privacy and Free Expression Concerns: Turkey has a history of human rights-stifling legislation, including the Internet Law and amendments that raise concerns over digital privacy and free expression. The Internet Law mandates large platforms to appoint a local representative, localize their data, and expedite content removal on government demand. In practice, data protection laws have failed to safeguard fundamental rights. Moreover, emergency surveillance decrees have granted unrestricted government access to communications data without court orders, leading to concerns over government surveillance.
3. Role of BTK in Regulation: The Information and Communication Technologies Authority (BTK) is responsible for regulating and inspecting telecommunications in Turkey. It was formerly known as the Telecommunications Authority. BTK’s decisions on procedures and principles relating to social network providers have generated debate, as they require data localization and impose restrictions on e-SIM technologies. These decisions affect the automotive industry and the import of new vehicles into the country .
4. Data Localization and e-SIM Technologies: BTK’s decisions on e-SIM technologies mandate the localization of data storage and e-SIMs, with strict deadlines for operators’ compliance. Permanent roaming is prohibited, affecting the use of e-SIM technologies in vehicles and communication devices. Compliance challenges arise for operators and industries reliant on e-SIM technologies

Cybercrime Laws in Turkey

Cybercrime, fueled by rapid technological advancements, has become a prevalent challenge in the globalized world. Turkey, like many other countries, faces the need to address cyber offenses effectively. However, unlike some nations that have enacted specific cybercrime legislation, Turkey relies on existing laws to regulate cyber offenses. This part critically examines the cybercrime laws in Turkey, emphasizing their strengths and weaknesses. Moreover, it conducts a comparative analysis of Turkey’s approach to cybercrime with other jurisdictions that have dedicated cybercrime legislation. The analysis draws from historical examples, current data, and legal principles to present a comprehensive evaluation of Turkey’s cybercrime laws and their effectiveness. The part concludes with recommendations to strengthen Turkey’s legal framework for combating cybercrime effectively.

With the relentless advancement of technology, cybercrime has emerged as a significant threat worldwide, impacting individuals, businesses, and governments. Turkey, as a rapidly developing country with a growing digital landscape, confronts the challenges posed by cyber offenses. While some countries have enacted specialized cybercrime laws to address this issue, Turkey adopts a different approach by incorporating cybercrime provisions into existing legislation. This part aims to explore Turkey’s cybercrime laws, critically analyze their efficacy, and conduct a comparative study with jurisdictions having dedicated cybercrime legislation. By combining historical context, current data, and legal insights, the part aims to provide a comprehensive understanding of the strengths and weaknesses of Turkey’s cybercrime laws.

1. Cybercrime Laws in Turkey: Turkey does not possess a standalone cybercrime law; instead, it incorporates provisions related to cyber offenses into various existing laws. The lack of a comprehensive cybercrime law may present challenges in addressing rapidly evolving cyber threats. Existing laws encompassing cybercrime include the Turkish Penal Code and the Law on the Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publications (Law №5651). However, the absence of specialized legislation may lead to fragmented and insufficient legal measures against cyber offenders.
2. Strengths of Turkey’s Cybercrime Laws: Despite not having a standalone cybercrime law, Turkey’s existing legal framework enables authorities to prosecute certain cyber offenses. The Turkish Penal Code encompasses provisions related to unauthorized access, data tampering, and cyber fraud, allowing for legal action against cybercriminals. Moreover, Law №5651 enables authorities to address online crimes, including hate speech, defamation, and dissemination of harmful content. These provisions offer some level of protection against cyber threats.
3. Weaknesses of Turkey’s Cybercrime Laws: The lack of a dedicated cybercrime law hinders Turkey’s ability to address emerging cyber threats comprehensively. The absence of specific provisions for offenses like cyberterrorism, identity theft, and cyber espionage may result in legal gaps and challenges in prosecuting perpetrators. Moreover, the adaptability of cybercriminals to rapidly changing technology necessitates a more agile and specialized legal framework.
4. Comparative Analysis: Comparing Turkey’s approach to cybercrime with jurisdictions having dedicated cybercrime laws, such as the United States and the European Union countries, reveals differing strategies and outcomes. Specialized cybercrime laws in these jurisdictions enable more effective measures against cyber offenders, covering a broader range of offenses and incorporating advanced investigative techniques. The comparative analysis emphasizes the need for Turkey to consider adopting a specialized cybercrime law to enhance its ability to combat cyber threats effectively.

Recommendations: Turkey faces the pressing challenge of addressing cybercrime in an increasingly digital world. While the existing legal framework provides some level of protection against cyber offenses, it falls short in addressing emerging threats comprehensively. To strengthen Turkey’s ability to combat cybercrime effectively, the government should consider enacting a specialized cybercrime law. The proposed legislation should cover a wide array of cyber offenses, incorporate advanced investigative techniques, and ensure international cooperation in cybercrime matters. By taking these steps, Turkey can bolster its legal framework and contribute to a safer digital environment.

The Role of USOM in Turkey’s Cybersecurity Landscape

USOM, the National Cybersecurity Intervention Center, holds a crucial position in Turkey’s cybersecurity defense. Launched by the government to tackle cyber threats, USOM serves as a comprehensive platform that collaborates with public sector institutions, academia, and major private sector cybersecurity companies. With over 200 members, the Turkish Cyber Security Cluster aims to increase the number of cybersecurity companies, support technical advancements, and enhance the capabilities of teams fighting cyber threats. USOM’s proactive approach and collaboration with stakeholders are crucial for effectively countering cyber threats in Turkey.

İstanbul Bar Association’s Cyber Law Initiatives

The İstanbul Bar Association, recognizing the significance of this emerging domain, has established the Cyber Law Commission to address various legal aspects related to technology, data privacy, artificial intelligence, and e-commerce. This part provides a comprehensive review of the İstanbul Bar Association’s Cyber Law Commission, its activities, and its role in shaping the legal landscape concerning cyber issues in Turkey. By analyzing the commission’s initiatives and exploring its recent events, the part aims to evaluate the effectiveness of the İstanbul Bar Association’s efforts in tackling the complex challenges posed by cyber threats. Historical examples from other jurisdictions with specialized cyber law commissions will be examined for comparative analysis. This part adopts an analytical and critical approach to assess the strengths and weaknesses of the İstanbul Bar Association’s endeavors in the realm of cyber law.

In the era of technological advancement, cyber law has emerged as a paramount concern for legal systems worldwide. The İstanbul Bar Association has taken significant steps to address the ever-evolving challenges posed by cybercrimes and technological innovations. The establishment of the Cyber Law Commission reflects the bar association’s commitment to safeguarding digital rights and ensuring the protection of individuals and businesses in the digital realm. This part explores the initiatives and activities of the İstanbul Bar Association’s Cyber Law Commission and critically evaluates its impact in shaping cyber law in Turkey.

1. İstanbul Bar Association’s Cyber Law Commission: The Cyber Law Commission, housed within the İstanbul Bar Association, is tasked with addressing various legal issues related to technology, data protection, artificial intelligence, and e-commerce. The commission serves as a platform for legal experts to collaboratively develop policies and recommendations to strengthen the legal framework against cyber threats. By leveraging the expertise of legal professionals, the Cyber Law Commission aims to contribute to the development of a comprehensive and adaptive legal approach to emerging cyber challenges.
2. Initiatives and Activities: The Cyber Law Commission has undertaken several initiatives and activities to promote awareness, disseminate information, and engage with stakeholders on cyber law matters. One notable initiative is the establishment of the Yapay Zeka (Artificial Intelligence) Çalışma Grubu (Working Group), which focuses on exploring the legal implications of artificial intelligence and its integration into various sectors. This group’s contributions are expected to play a pivotal role in shaping AI-related regulations in Turkey.

Additionally, the commission organizes conferences and symposiums on critical cyber law topics such as Elektronik Ticaret Hukuku ve Güncel Gelişmeler (Electronic Commerce Law and Current Developments). These events provide a platform for experts to exchange ideas, discuss best practices, and address challenges in the rapidly evolving digital landscape.

1. Comparative Analysis: To assess the effectiveness of the İstanbul Bar Association’s Cyber Law Commission, a comparative analysis with other jurisdictions’ specialized cyber law commissions is conducted. Jurisdictions like the United States, the European Union countries, and others have established dedicated commissions to address cyber issues comprehensively. By analyzing the structure, functions, and outcomes of these commissions, Turkey can draw valuable insights to strengthen its own approach to cyber law.

Recommendations: The İstanbul Bar Association’s Cyber Law Commission is a commendable step towards addressing cyber law challenges in Turkey. However, to enhance its effectiveness, the commission should consider engaging in more international collaborations to leverage global best practices. Additionally, regular workshops and training sessions for legal professionals and the public can increase awareness and strengthen the cybersecurity culture in Turkey. Furthermore, fostering cooperation with technology companies, academia, and law enforcement agencies can create a holistic approach to combating cybercrimes effectively. By continuously updating its initiatives and adopting an agile approach, the İstanbul Bar Association’s Cyber Law Commission can play a pivotal role in shaping a resilient legal framework for the digital era.

Cyber Law Initiatives of Avukat Hakları Group and the Candidacy of Gökhan Ahi

The Avukat Hakları Group (AHG) within the İstanbul Bar Association has recognized the importance of Cyber Law and its impact on the legal profession. Mustafa Gökhan Ahi, an expert in Cyber Law, is a prominent candidate representing AHG in the İstanbul Bar Association’s upcoming election. This part delves into the AHG’s Cyber Law initiatives and critically analyzes Gökhan Ahi’s candidacy. By examining the importance of Cyber Law, evaluating AHG’s goals, and considering historical examples, the article aims to shed light on the significance of cyber law in the modern legal context.

The field of law has witnessed significant transformations with the advent of technology, and cyber law has emerged as a vital area of focus for legal practitioners. The Avukat Hakları Group (AHG) operating within the İstanbul Bar Association has demonstrated a keen interest in Cyber Law and its implications for the legal profession. This article critically examines AHG’s Cyber Law endeavors and explores the candidature of Mustafa Gökhan Ahi, a Cyber Law expert, in the upcoming İstanbul Bar Association’s election. By analyzing the role of cyber law in contemporary legal practice and evaluating AHG’s objectives, this article seeks to provide insights into the significance of addressing cyber law issues in the legal community.

1. The Significance of Cyber Law: Cyber Law is a multidisciplinary field that encompasses legal issues arising from the use of technology and the internet. In an increasingly digitalized world, cyber law plays a crucial role in safeguarding data privacy, combating cybercrimes, and regulating e-commerce and artificial intelligence. Legal practitioners must adapt to the changing technological landscape and develop expertise in Cyber Law to effectively represent their clients in contemporary legal matters.
2. Avukat Hakları Group’s Cyber Law Initiatives: The AHG, a prominent group within the İstanbul Bar Association, has been at the forefront of addressing cyber law challenges. Its commitment to Cyber Law is evident through the establishment of forums, workshops, and seminars dedicated to educating legal professionals about the legal implications of technology. By fostering dialogue among legal experts, AHG aims to contribute to the development of a robust cyber law framework in Turkey.
3. Gökhan Ahi’s Candidacy and Vision: Mustafa Gökhan Ahi, a candidate representing AHG in the İstanbul Bar Association’s election, has distinguished himself with his expertise in Cyber Law. His background in law and specialization in cyber law positions him as a credible advocate for addressing digital challenges faced by legal practitioners and society. If elected, Ahi pledges to strengthen the role of defense in the legal system and advocate for the rights of lawyers in the face of increasing challenges from the political establishment.
4. Historical Examples of Cyber Law Impact: Drawing from historical examples of cyber law initiatives in other countries, such as the United States and European Union, we can assess the potential impact of AHG’s Cyber Law endeavors. By examining the successes and shortcomings of established cyber law commissions, we can identify strategies to strengthen the İstanbul Bar Association’s approach to cyber law.

Recommendations: The Avukat Hakları Group’s dedication to Cyber Law and Gökhan Ahi’s expertise in this domain underscore the importance of cyber law in the legal profession. To effectively address the evolving challenges of technology, the İstanbul Bar Association should prioritize initiatives aimed at educating legal professionals in Cyber Law and fostering collaborations with relevant stakeholders. By embracing the principles of cyber law, legal practitioners can uphold the rule of law and protect the rights of individuals and businesses in the digital age.

Real-Life Applications of Cybersecurity Policies in Turkey

Turkey’s commitment to cybersecurity is exemplified by its “National Cybersecurity Strategy and Action Plan (2020–2023).” The action plan aims to protect the cybersecurity of critical infrastructures, develop national technological tools, and enhance the competencies of teams fighting cyber threats. By leveraging information and communication technologies (ICT), Turkey seeks to realize its national cybersecurity objectives effectively and continuously. Moreover, the action plan emphasizes the importance of information security culture in all institutions and organizations, fostering a holistic approach to cybersecurity.

Conclusion

The cybersecurity landscape in Turkey is evolving rapidly, as the country faces an increasing number of cyber threats and challenges. Key legislation and regulatory frameworks have been established to combat cybercrimes and protect individuals’ data and privacy. However, there is still room for improvement, particularly in establishing a comprehensive cyber governance framework. Notable cases and legal initiatives by organizations like the İstanbul Bar Association and the Lawyer Rights Group play a critical role in shaping cybersecurity policies and practices in Turkey. As cyber threats continue to evolve, the country must remain vigilant and proactive in enhancing its cybersecurity measures to safeguard its digital landscape effectively.

References

1. Chambers and Partners. (2023, March 16). Cybersecurity 2023 — Turkey | Global Practice Guides. Retrieved from https://practiceguides.chambers.com/practice-guides/cybersecurity-2023/turkey
2. Paksoy. (n.d.). Cybersecurity in Turkey. Retrieved from https://www.lexology.com/library/detail.aspx?g=39d8fdbc-ed93-4e91-b520-4a804a4b2f7f
3. CMS Expert Guide. (n.d.). Data protection and cybersecurity laws in Turkey. Retrieved from https://cms.law/en/int/expert-guides/cms-expert-guide-to-data-protection-and-cyber-security-laws/turkey
4. Turkish Law Blog. (n.d.). Fintech Laws and Regulations Turkiye 2023 — Part 2. Retrieved from https://turkishlawblog.com/insights/detail/fintech-laws-and-regulations-turkiye-2023-part-2
5. Invest in Turkey. (n.d.). 2023 Vision to be Realized with New National Cybersecurity Strategy. Retrieved from https://www.invest.gov.tr/en/news/news-from-turkey/pages/2023-vision-to-be-realized-with-new-national-cybersecurity-strategy.aspx
6. TRT World. (n.d.). Turkey reveals its three-year cybersecurity plan. Retrieved from https://www.trtworld.com/magazine/turkey-reveals-its-three-year-cybersecurity-plan-42820
7. Global Encryption Coalition. (n.d.). Over 40 organizations and cybersecurity experts call on the Turkish government not to undermine end-to-end encryption. Retrieved from https://www.globalencryption.org/2023/04/over-40-organizations-and-cybersecurity-experts-call-on-the-turkish-government-not-to-undermine-end-to-end-encryption/
8. ISPI. (n.d.). In Cybersecurity, Turkey Leads the Way. Retrieved from https://www.ispionline.it/en/publication/cybersecurity-turkey-leads-way-35348