Erdogan Govt wins the scanning authority on personal data with a new law

Kenez / Stockholm

The Turkish Parliament approved a controversial law on cybersecurity on March 12, modifying certain provisions, but retaining sanctions for the dissemination of false information on data leaks, a clause that criticisms say threatening press freedom and freedom of expression.

The law, which aims to strengthen cyber-defenses of turkeys, establishes a legal framework for the management of cybersecurity recently formed. He grants the Directorate of the General Authority on data collection and the application of cybersecurity, which raises concerns among civil rights groups concerning potential surpassing and privacy violations. The law is one of the wider turkeys to modernize its digital infrastructure in the midst of increasing cyber-menues targeting government agencies, financial institutions and private companies.

One of the most controversial provisions allowing the Cybersecurity Directorate to carry out searches and to enter data without a prescription court has been withdrawn from the final version of the bill following strong opposition from the legislators and the defense groups of civil rights. However, article 16, which imposes criminal sanctions for the dissemination of false information on cyber-incidents, remains a focal point of criticism.

Text of the new law on cyberscuté:

Sıber Safety Law

Under an amendment proposed by the ruling party of justice and development (AKP), article 16S revised the fifth clause indicates: anyone, despite the knowledge of the data violation in cyberspace, creates or diffuses false content to encourage public concern, fear or panic, or to target institutions or individuals, will be sentenced to two to five years in prison.

Opponents argue that wave clauses could be used to remove investigative journalism and silence denunciators. Media surveillance dogs and human rights organizations warn that journalists report on cybersecurity violations could face prosecution, even when they cover legitimate concerns about data protection. Critics say that similar provisions in downside law have led to the pursuit of journalists and users of social media in the past, which makes it fear that the new cybersecurity law can further erode press freedoms.

The legislation calls for severe sanctions for cyber attacks against the critical turkey cyber-infrastructures. The individuals involved in cyber attacks or in the storage of the data obtained illegally in the cyberspace are now incurred between eight and 12 years in prison. In addition, those who prevent cybersecurity authorities from accessing documents, software or requested data may receive one to three years in prison and a fine.

In addition, the law criminalizes violations of confidentiality and abuse of authority, imposing sentences ranging from four to eight years for violations. Cybersecurity experts warn that although more strict sanctions can dissuade cybercriminals, general laws could also be used against people who have or inadvertently share sensitive digital content.

While Turkey seeks to strengthen its digital infrastructure, cyber attacks have increased both in frequency and sophistication. In 2023, Turkey had to face several large -scale cyber attacks targeting financial institutions, telecommunications networks and government platforms. According to information and communication Technologies Authority (BTK), Turkey has recorded a 40% increase in cybersecurity incidents over the past two years. These attacks highlighted the need for a robust legal framework, but criticism argues that the new law prioritizes state control over digital security rather than protecting individual privacy.

Nordic Monitor previously pointed out that the Cybersecurity Department had received vast powers under the new law, which raises concerns about potential surveillance and privacy violations. The law officially defines the responsibilities of the Cybersecurity Directorate, established by presidential decree on January 8. Management will oversee the resilience of cybersecurity and maturity levels for public institutions and critical infrastructure organizations. He will also carry out risk assessments, will maintain data inventories and implement cybersecurity measures.

A cybersecurity council, which will be chaired by President Recep Tayyip Erdogan, will be created to shape the national cybersecurity policy and strategy. The Council will include the ministers, the head of the National Intelligence Organization (MT), the president of the Defense Industry Agency and the Cybersecurity Manager. Critics argue that the composition of the councils strongly promotes government and security agencies, limiting independent surveillance.

In addition, the Cybersecurity Department is empowered to collect cyber-menace information, analyze malware and cooperate with international cybersecurity agencies. However, concerns remain on how Turkey will manage the sharing of cross -border data. Article 6 of the Act grants the direction of the capacity to share data related to cybersecurity with foreign entities, but there is a lack of explicit guarantees against a potential abusive use of governments or foreign companies. Critics warn that without a solid data protection framework, national security information may be exposed to external threats.

Despite the changes, civil rights groups remain concerned about the potential impact of freedoms on freedoms. Journalists and activists argue that laws, broad and vague definitions such as critical infrastructure and cyber-men could lead to arbitrary application.

The association of freedom of expression warned that the law does not have enough judicial surveillance, undermines the principle of legal certainty and grants excessive powers to the executive branch without controls and adequate counterweights. The group has urged legislators to introduce additional guarantees to prevent abuse.

Legal experts have stressed that the provisions of the laws are conflict with international human rights standards. The European Court of Human Rights (CDAT) previously ruled against Turkey in cases involving restrictions on freedom of expression and digital rights. If the law is applied in a way that removes dissent or investigation journalism, this could lead to new legal challenges at the international level.

The law is involved in the midst of increasing concerns concerning data security in Türkiye following several high -level data violations. The reports indicate that the personal information of government databases has been sold illegally online, opposition legislators citing documented cases of compromised data, including the leaks of the Supreme Electoral Council (YSK) and the Ministry of Health. These incidents have fueled public skepticism as to whether the government can effectively protect citizens' data while increasing state control over digital areas.

Public anxiety in the face of cybersecurity intensified in 2022, when journalist Brahim Haskololi shared identity documents belonging to President Erdogan and former intelligence chief Hakan Fidan. Haskololu said that a group of pirates had accessed an e-revlet of turkeys, exposing systemic vulnerabilities. While his revelations sparked discussions on cybersecurity gaps, Haskololu was arrested and held for eight days before being published while waiting for the trial.

In recent years, Turkey has faced a meticulous examination of its digital policies. In 2020, the government adopted a social networks law demanding platforms such as Twitter, Facebook and Youtube to appoint local representatives and comply with the government's withdrawal. The law has led to increased censorship, with thousands of publications on deleted or limited social networks. Critics fear that the cybersecurity law will be used in a similar way to control speech online and limit public access to information.