The Constitutional Court decision numbered 2021/93 regarding the violation of personal data was published in the Official Gazette on 22.03.2022.
In the relevant decision of the Constitutional Court, it is constitutional to dismiss law enforcement officers who although not authorized, illegally make inquiries about personal data in electronic media or computer logs, share the information obtained in this way or announce it via broadcast, change or delete log records.
In subparagraph (aa) of paragraph 6 of Article 8 of the Law on the Adoption of the Decree-Law on General Law Enforcement Disciplinary Provisions dated 31.01.2018 and numbered 7068; “Making inquiries about personal data in electronic media or computer logs, sharing the information obtained in this way or announcing it via broadcast, changing or deleting log records” is regulated as a reason for dismissal, although it is not authorized. The penalty of dismissal from profession is the dismissal of the personnel from the profession, not to be employed in the police, gendarmerie and coast guard organizations, and it is the heaviest penalty among the disciplinary penalties in the aforementioned law, after dismissal from civil service.
Upon dismissal of a law enforcement officer pursuant to this provision, the Mardin 2nd Administrative Court requested the cancellation of the dismissal penalty of the law enforcement officer on the grounds that an unlawful inquiry regarding personal data was made in electronic media or computer logs.
In the Mardin 2nd Administrative Court’s application, stated that the act of simply viewing personal data is seen as having the same weight as acts such as disseminating and announcing this data and that it is incompatible with the principle of proportionality, which is a requirement of the state of law. They argued that a fair balance had not been established between the act, which was seen as a disciplinary offence, and the disciplinary penalty, which was a heavy sanction, and argued that the rule was in violation of Article 2 of the Constitution.
Thereupon, the Constitutional Court, regarding the law enforcement personnel who received a heavy disciplinary penalty for questioning in electronic media and computer logs, although they are not authorized regarding personal data;
- Considering the sensitivity of the service they carry out and their duties to ensure social trust and peace, the fact that the law enforcement personnel act outside of the basic principles of their profession and the subjects required by their duty, although they are not authorized, will require their dismissal from the profession. Accepting that all law enforcement personnel can inquire about personal data without any restrictions will mean a violation of the constitutionally guaranteed right to protection of personal data by the state. Therefore, it concluded that the dismissal of law enforcement personnel who unlawfully obtained personal data without authorization does not impose a disproportionate burden on individuals in the face of the legal values and public interest that are sought to be protected by this sanction.