Search, Copy and Seizure of Computers, Computer Programs and Files
There is no doubt that computers are an indispensable part of our lives in every field as technology rapidly develops and makes our lives easier day by day. Due to their various functions, all kinds of information about our personal lives are stored on computers. Therefore, a search of these devices is likely to yield much more and diverse personal data than a search of our homes, workplaces or on us. In this respect, the legislator has regulated the search and seizure activities to be conducted on these devices as more sensitive and in a way that the application will be made under more limited conditions compared to general search and seizure activities.
For this reason, CMK Article 134 has been written as an electronic version of the general search and seizure provisions, with the addition of copying activities specific to computers. While it has an important feature in terms of accessing evidence related to the crime under investigation, it is also on a sensitive line in terms of interfering with fundamental rights and freedoms. For this reason, the scope, conditions and application method of CMK Article 134 must be determined with precision.
In the first part of our study, we will focus on the regulation of search, copying and seizure in computers, computer programs and files in our law, their legal nature, and their scope in terms of person and subject.
In the second part of our study, the conditions for applying to CMK Article 134 and the application of search, copy, backup and seizure included in the article within the scope of digital forensics will be discussed.
In the third and final part of our study, the fate of the data obtained by chance, what should be done in case the need for the obtained data is eliminated, the means of appeal against the decisions given within the scope of CMK Article 134 and the compensation claim foreseen in case of a possible violation of fundamental rights and freedoms are explained.
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