Violation of the Privacy of Communication

Under Article 132/1 of the Penal Code, a person who violates the privacy of communication between individuals is subject to criminal liability. The subject matter of the offence is any communication — written, oral, or electronic — taking place between two or more people that is meant to remain closed to third parties.

For the offence to arise, the perpetrator must unlawfully gain access to the content of a communication to which they are not a party. The law separately criminalises the act of a party to the communication publicly disclosing its content without the other party's consent.

Where the privacy of communication is violated by recording its content, the penalty is doubled under the second sentence of Article 132/1. For example, secretly recording a phone call to which one is not a party may fall under this aggravated form.

The unlawful disclosure of communication content is regulated as a separate and more serious offence under Article 132/2. Where a party to the communication publicly discloses it without the other party's consent, Article 132/3 applies as a distinct provision; the same penalty is imposed where that disclosed content is published through the press or other media. In addition, under Article 132/4, publication of communication content through the press or broadcast media increases the penalty under the preceding paragraphs by one half.

The basic form of the offence under Article 132/1 carries imprisonment from one to three years; where the act is committed by recording, that penalty is doubled. Unlawful disclosure of communication content under Article 132/2 carries imprisonment from two to five years, while a party publicly disclosing communication addressed to them without the other party's consent faces one to three years under Article 132/3.

The specific penalty applied in a given file depends on the perpetrator's intent, the manner in which the act was committed, and whether any aggravated forms are present, as assessed by the court.

The offence of violating the privacy of communication is subject to a victim's complaint, meaning the investigation and prosecution depend on the victim filing a complaint. The victim must exercise this right within six months of learning of the act and the perpetrator's identity; this is a preclusive period, and no investigation can proceed once it has lapsed.

Provided the complaint is filed within this period, the limitation period for prosecution is calculated under the general rules of Article 66 of the Penal Code; for the basic form of the offence it is eight years. Because the offence depends on a complaint, withdrawal of the complaint before the judgment becomes final ends the case, and the offence is subject to the reconciliation procedure under Article 253 of the Code of Criminal Procedure.

Proof in cases involving this offence generally relies on recordings, screenshots, operator records, or witness statements. Ensuring that evidence is obtained lawfully and submitted to the file in accordance with proper procedure matters for the soundness of the proceedings, and working with an İzmir criminal lawyer can be useful in this process.

Is reading my spouse's messages a crime? Accessing another person's correspondence without consent may fall under Article 132 even between spouses; depending on the circumstances, the provisions on violating the privacy of private life (Article 134) or unauthorised access to an information system (Article 243) may also come into play. Using content obtained this way as evidence in divorce proceedings separately raises the question of unlawfully obtained evidence.

Is it a crime to record a conversation I am part of? Recording a conversation to which one is a party is assessed differently depending on the purpose of the recording and how it is used; publicly disclosing such a recording without the other party's consent falls under Article 132/3. In some decisions the Court of Cassation has treated recordings made to document a sudden, otherwise unprovable unlawful act as lawful, but this assessment always depends on the specific facts.

Where is a complaint filed in İzmir? A complaint may be filed with the İzmir Chief Public Prosecutor's Office at the İzmir Courthouse in Bayraklı or with any police unit; for districts within the Karşıyaka judicial district, the Karşıyaka Chief Public Prosecutor's Office is competent. Our office in Konak provides support in criminal law matters across İzmir; further information is available through the contact page.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy