Discussed in the General Assembly of the Turkish Grand National Assembly (TBMM) 21-article Cyber Security Law Proposal was accepted and became law. Opposition parties, Threats to the protection of personal data, privacy and freedom of expression is preparing to take the regulation to the Constitutional Court (AYM) on the grounds that it contains. So, what does this law cover and what consequences could it lead to? Here are the details:
What Does the Cyber Security Law Cover?
The new law, cyber security is a part of national security and introduces a wide range of regulations. All public and private sector organizations, professional chambers, legal entities and individuals fall within the scope of this law, Turkish Armed Forces, Coast Guard Command, National Intelligence Organization (MİT), police and gendarmerie intelligence activities was excluded from the scope.
Definitions and Scope
The law officially defines many new concepts related to cybersecurity. Among them: “critical infrastructure”, “information systems”, “cyber threat”, “cyber attack”, “cyber incident” It includes terms such as. Also, Protection of critical infrastructures and information systems creating a secure cyberspace are determined as the main targets.
According to the new regulation, authorized institutions Personal data and trade secrets obtained will be deleted, destroyed or made anonymous when no longer needed.However, there is criticism about how this process is monitored.
Cyber Security Board and Its Powers
With the law Cyber Security Council A new structure called will be created. The members of the board include;
- Cumhurbaşkanı
- Vice President
- Justice Minister
- Minister of Foreign Affairs
- İçişleri Bakanı
- Minister of National Defense
- Minister of Industry and Technology
- Ulaştırma ve Altyapı Bakanı
- Secretary General of the National Security Council
- Head of the National Intelligence Organization (MİT)
- President of Defense Industries
- Head of Cyber Security
will be found.
One of the most important duties of the Board is to To manage the Cyber Security Directorate and make strategic decisions it will be. Cyber Security Presidency, will operate in areas such as protecting critical infrastructures, detecting cyber threats, taking precautions against cyber attacks, creating threat intelligence and organizing cyber security exercises.
The second reason to use the Cyber Incident Response Teams (CIR) It will be established to check whether public and private sector organizations comply with cyber security standards.
Controversial Articles and Opposition Reactions
the Law restricts freedoms and puts personal data at risk There are criticisms, especially Article 16 provides for penalties for spreading false information about cybersecurity breaches. In its new form, the article is arranged as follows:
“Those who create false content claiming that there is a data leak regarding cybersecurity, or who spread such content for this purpose, in order to create anxiety, fear and panic among the public or to target institutions or individuals, even though they know that there is no data leak in cyberspace. sentenced to two to five years in prison. "
This article, the press and individuals can be punished for spreading false information The opposition said that this was against freedom of expression. will deal a big blow defends.
Another objection point of the opposition is Establishment of a board with extensive powers in the law and this board is not independent. The entire board determined by the government, this is also raises questions about oversight and accountability.
Penalties and Sanctions
With the new law Cyber attacks and violations of information privacy will be punished severely:
- Those who carry out attacks that threaten Türkiye's cyber security or those who disseminate data obtained as a result of these attacks He will be sentenced to 8 to 12 years in prison..
- Those who do not comply with the information, document, software, data and hardware requests of the competent authorities. He will be sentenced to 1 to 3 years in prison and a judicial fine of 500 to 1500 days..
- Those who abuse their position or fail to fulfill their obligation of confidentiality He will be sentenced to 4 to 8 years in prison..
These penalties are against cybersecurity breaches. aims to create a more deterrent systemHowever, the opposition said that these powers may lead to serious human rights violations if used arbitrarily suggests.
The Opposition's Application to the Constitutional Court
CHP and other opposition parties have stated that some articles of the law It is against the Constitution in his opinion. CHP Eskişehir Deputy Utku Cakirozer, the law restricts freedom of expression ve It is aimed at frightening and intimidating millions of people. stating, announced that they will take the law to the Constitutional Court.
Çakırözer made the following statements:
"The Cyber Security Law, which is against the Constitution and aims to scare and intimidate millions by restricting our freedom of expression and the press, was passed by the Parliament despite all our objections! We will take the law to the Constitutional Court and continue our struggle to protect the fundamental rights and freedoms of 86 million people."
The opposition, especially journalists, cybersecurity experts and activists may be targeted is worried.
This new law, adopted to strengthen Türkiye's cyber security, contains positive steps in some respects. Goals such as protecting critical infrastructures, combating cyber threats and increasing information security is of great importance in today's world.
However, in the law There are provisions that may restrict freedom of expression and endanger personal data. sparked great controversy. With the opposition's application to the Constitutional Court, the future of the law can be reshaped through legal processes.
In the coming period, how the application principles will be shaped and how the court process will workwill be one of the most important factors that will determine the effects of this law on society.
