Recording videos or taking photographs of individuals in public places such as streets or avenues is often misunderstood. While many assume that anything occurring in public can be freely recorded, Turkish law provides strong protection for personal privacy, even in public spaces.
In Türkiye, recording someone by focusing on them without their consent may constitute a criminal offense under the Turkish Penal Code.
Legal Framework Under Turkish Law
According to the Turkish Penal Code, particularly Article 134, the violation of privacy can occur even in public settings if the recording targets a specific individual.
The key issue is not whether the location is public, but whether the act interferes with the individual’s private life or personal rights.
When Recording Becomes a Crime
Targeted Recording of Individuals
If a person is recorded by focusing directly on their face or personal actions without consent, this may constitute a violation of privacy.
Such acts may result in:
- to 3 years of imprisonment
Increased penalties if the content is recorded or stored
Publishing Without Consent
If the recorded content is shared on social media, websites, or any public platform without consent, the legal consequences become more severe.
Penalties may increase to:
- to 5 years of imprisonment
This applies even if the recording was initially taken in a public place.
Recording Children
Recording minors, especially those under the age of 15, without consent is treated more strictly and may lead to aggravated criminal liability.
When Recording Is Generally Lawful
Not all recordings in public are illegal.
The following situations are generally considered lawful:
Capturing a general crowd without focusing on specific individuals
Recording public events or incidents (e.g., accidents)
Journalistic or news reporting activities
Situations where the person is not individually identifiable
The distinction lies in whether the recording targets a specific person or simply captures a general scene.
Exception: Recording as Evidence
There are limited exceptions where recording without consent may be considered lawful.
If a person is:
A victim of a crime (such as threat, blackmail, harassment, or assault)
Recording for the purpose of proving or preventing that crime
then such recordings may be accepted as lawful evidence, provided that:
The situation is sudden and unavoidable
The recording is not planned in advance
The purpose is strictly evidentiary, not for sharing
Key Legal Principles to Remember
Public space does not eliminate privacy rights
Targeted recording without consent may constitute a crime
Sharing recorded content significantly increases legal risk
Intent and purpose of recording are critical in legal evaluation
Conclusion
In Türkiye, recording individuals in public is not automatically lawful. The determining factor is whether the recording interferes with personal privacy by targeting a specific individual.
While general crowd recordings are typically acceptable, focusing on individuals and especially sharing such content without consent may lead to serious criminal consequences.
Careful legal assessment is required before recording or publishing any content involving identifiable individuals.
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