Forced to record a conversation? When a lawful necessity becomes a criminal offense in Turkey...

In the digital era, recording conversations has become common, but in Turkey this can lead to serious legal consequences.

Ignorance of the law can result in imprisonment of up to five years. Legal protections for privacy and Turkish law strictly protect private life and the confidentiality of communications.

Constitution and Penal Code

Article 20 of the Constitution prohibits unlawful interference with private life, Article 22 protects the secrecy of correspondence and conversations, and Article 132 of the Penal Code provides for up to three years’ imprisonment for illegal recording without permission.

Categories of liability and penalties

Liability and penalties depend on the offender’s status:

• An outsider is punished under Article 133/1 PC,

• A participant in the conversation who records without the approval of others — under Article 134 PC,

• A member of a group conversation — under Article 133/2 PC.

• Dissemination of a recording, even if lawful, gives rise to liability under Article 133/3 PC.

Enhanced liability for officials

Public servants and professionals (doctors, lawyers) fall under Article 137 PC with a 50% increase in penalty. This relates to the particular confidentiality inherent in their professional activity.

Criteria for unlawful recording

Recording without the interlocutor’s knowledge, using hidden technical means, and distributing the recording to third parties are considered violations. The punishment ranges from 2 to 5 years’ imprisonment.

Exceptions

A recording may be considered lawful to protect rights in court, as evidence of criminal acts (threats, blackmail), or when documenting abuse of office. However, such recordings must be used solely for that purpose and not disseminated.

Case law and examples

The Supreme Court in case No. 2019/3621 punished an employee for installing a hidden recorder in a room where participants expected confidentiality. In case No. 2021/1547 the court punished installation of a recorder under a judge’s desk.

Practical recommendations

• Never record conversations without the consent of all participants.

• Do not disclose contents without approval.

• Do not use recordings for blackmail or coercion.

• Respect professional secrecy.

Recording is admissible in court only as a defense of rights and without subsequent dissemination. Remember each situation requires individual assessment.

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