Legal Nature of Covertly Recorded Audio

Under Article 134 of the Turkish Criminal Law, individuals who violate the private life of others are subject to criminal sanctions, including imprisonment. While there are various debates regarding the boundaries of privacy in legal literature, private life is defined as an area that cannot be interfered with by the state or third parties, encompassing personal, familial, and private relationships, daily life, and individual freedoms. This concept aims to protect individuals' privacy and is constitutionally (Article 20) and legally safeguarded in many legal systems.

The protection of private life generally includes:

1. Protection of Personal Data: Unauthorized collection, storage, or sharing of individuals' personal information (name, address, phone number, health information, etc.) is prohibited.

2. Home Privacy: Unauthorized entry or search of individuals' homes and private property is unlawful.

3. Freedom and Privacy of Communication: Unauthorized interception or monitoring of individuals' telephone conversations, emails, and other communications is prohibited.

4. Integrity of Body and Mind: Respect for individuals' physical and mental integrity, and refraining from any intervention without their consent, is required.
   

In Turkey, the protection of private life is guaranteed by legal regulations such as Article 20 of the Constitution, Law No. 6698 on the Protection of Personal Data, and the Turkish Criminal Law. Article 20 of the Constitution asserts everyone's right to demand respect for their private and family life, stating that any interference with this right can only be conducted under conditions specified by law.

Additionally, Article 8 of the European Convention on Human Rights ensures respect for private and family life, home, and correspondence, to which Turkey is a party.

In this framework, individuals' private lives are legally protected, and various legal remedies can be pursued in case of violations.

There is a fine line between violating the privacy of private life and obtaining evidence legally. According to Article 217, Paragraph 2 of the Criminal Procedure Code, it is permissible to prove alleged crimes with any kind of lawful evidence. However, especially in cases of serious victimization and suspicion of crime, it is impossible to prove the guilt without violating the privacy of private life. According to the decision 2019/4369 E. 2019/8633 of the 12th Criminal Chamber of the Court of Appeals, the right to privacy is considered to be protected by the legal value and freedom rights of the individual. When an academic evaluation is made, it is naturally accepted above the legal value protected by the principle of privacy of private life, and the recordings of sound and vision taken by individuals suspected of crimes under suspicion of a crime, which have no other opportunity to obtain other evidence