Digital Rights, KVKK and Social Media in 25 Questions — Atty. Aylin Esra Eren

Atty. Aylin Esra Eren

Attorney Aylin Esra Eren explains digital rights, KVKK, and social media with 25 questions and answers.

You can open the explanation by tapping on the question title.

My Instagram account was hacked, how can I get it back?

The platform's account recovery procedure should be applied and application should be made to the prosecutor's office according to the nature of the incident. Account hijacking can be evaluated in terms of personal data and IT crimes.

Can someone else read WhatsApp messages?

The privacy of communication and the protection of personal data are essential. Unauthorized access can generate legal and criminal liability.

Is it a crime to make someone else's photo a profile picture?

The use, purpose, and effect of the photo are evaluated. Application can be made within the scope of personal rights and the protection of personal data.

Can I have news about me on the internet deleted?

The unlawfulness of the content, its topicality, public interest, and its effect on personal rights are evaluated. Content removal and access blocking paths can be used.

Can I have my old news appearing on Google deleted?

Within the framework of the right to be forgotten, it can be requested that certain results be removed from the index in searches made with name and surname. First, the data controller search engine is applied to; in case of rejection or no response, complaints to the KVKK under statutory conditions and judicial paths are evaluated. Index removal is not deleting the news from the source website. A balance is established between public interest, topicality, and personal rights.

Can a person who opens a fake account on social media be found?

It may be possible to investigate account information through the prosecutor's office and relevant technical examinations. The result depends on platform records and technical data.

What can I do if my personal data is sold without permission?

Application and complaint paths can be used within the scope of KVKK. If the incident constitutes a crime, criminal investigation can also come into question.

Can the company inspect employees' WhatsApp correspondence?

The employer's supervision must comply with the conditions of legitimate purpose, proportionality, and prior notification.

Can a lawsuit be filed due to a deepfake video?

Legal protection can be requested within the scope of personal rights, privacy, and criminal law.

Whose copyright does a photo generated by artificial intelligence belong to?

Human contribution, the nature of the work as a work of art, and the license conditions of the tool used are evaluated. Not every AI output has automatic copyright protection.

Details of the topic: Copyrights: Use of Photos, Videos, and Music on the Internet.

Is a comment made on social media considered an insult?

The content of the comment, the person it targets, and the limits of freedom of expression are evaluated together.

Does an influencer have to state that it is an advertisement?

The nature of commercial advertising and promotion must be clearly understood. Relevant guidelines and regulations of the Ministry of Trade are applied.

How are private images published on the internet removed?

Platform application, content removal, and access blocking mechanisms can be used. Relevant judicial remedies should be evaluated in urgent and severe violations.

Can I share my child's photos on social media?

The child's personal rights, privacy, and best interests must be observed. Parental authority does not grant an unlimited right to share.

Can the employer follow their employee's social media account?

Publicly available posts can be evaluated under certain conditions in terms of the employment relationship. Unauthorized access to private accounts is unlawful.

Can compensation be obtained for false information published on the internet?

If conditions of attack on personal rights, fault, and damage have materialized, compensation can be claimed.

Is it a crime to enter someone else's e-mail account?

Unlawful access to an information system can constitute a crime within the scope of Article 243 of the Turkish Penal Code (TCK).

Can the company transfer customer data to another firm?

Statutory processing conditions and necessary security obligations for transfer must be provided within the scope of KVKK (Personal Data Protection Law).

What happens if my personal information is not protected in online shopping?

The data controller's KVKK obligations are examined. Administrative and legal application paths can come into question in case of a data breach.

Does closing my social media account completely delete my personal data?

Account closure and complete deletion of data are not the same process. The platform's data retention policy and rights within the scope of KVKK must be evaluated.

Are contracts signed in the digital environment valid?

The type of electronic signature, the subject matter of the contract, and statutory form requirements are important. A secure electronic signature can produce the same legal result as a handwritten signature under certain conditions.

Will a fake audio recording prepared with artificial intelligence be evidence?

The authenticity of the recording and its lawful acquisition must be examined. Technical expert examination may be required.

Is it a crime to transact with someone else's identity on the internet?

Various IT and document crimes can come into question in line with the nature of the identity information used and the purpose of the action.

Will I be held responsible for the fraud committed from my social media account?

The manner in which the account was compromised, the person's knowledge, and fault are evaluated. It is not possible for every account holder to be held automatically responsible.

How should digital evidence be presented in court?

The source, integrity, method of acquisition, and relevance of digital evidence to the dispute are important. Unlawful evidence is generally not taken into account.

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