National Defense Commission approves Cybersecurity Bill: 'Search and seizure authority' for prosecutors

The Cybersecurity Bill, which was discussed today (January 15) in the National Defense Commission, was approved following a vote. According to the bill, which was passed by a majority vote, the MIT (National Intelligence Organization), police, gendarmerie, the Turkish Armed Forces (TSK), and the Coast Guard Command will be exempt from the new law.

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The 21-article Cybersecurity Bill was approved by a majority vote at the January 15, 2025, meeting of the National Defense Commission. Following a proposal by the AKP, Article 2 of the bill was amended to exclude the Turkish Armed Forces and the Coast Guard Command from the scope of the law. Police, gendarmerie, 'state intelligence services,' and the MIT had already been excluded from the scope of the law according to the proposal made in the initial draft.

With an amendment made to the 5th paragraph of Article 8 of the bill, 'authority for search and seizure in cases where delay is deemed detrimental' was also granted to public prosecutors.  

The TBMM National Defense Commission convened under the chairmanship of AK Party Kayseri Deputy Hulusi Akar and discussed and approved the 21-article Cybersecurity Bill. The bill contains significant regulations aimed at ensuring security in digital domains.

AK Party Kayseri Deputy Hulusi Akar

CRITICISM OF THE BILL FROM CHP AND DEM PARTY

The bill also received criticism from opposition parties. CHP Kırşehir Deputy Metin İlhan stated that he found the expression 'Contracted expert personnel may be employed to carry out duties related to ensuring cybersecurity within the Presidency' in Article 10 of the bill to be positive, but emphasized that more comprehensive work should be done to ensure digital security.

İlhan stated that Turkey needs to follow a more effective strategy in combating cyber threats coming from both inside and outside the country.

DEM Party Hakkari Deputy Onur Düşünmez argued that Article 16 of the bill targets journalistic activities. Düşünmez used the expressions, 'Including the crime of creating perception even when there is no data leak within the scope of the crime is a regulation that violates freedom of the press and is unconstitutional.'

Düşünmez also stated that it would be possible to punish citizens who discuss such topics on social media.

CHP Kırşehir Deputy Metin İlhan

CHP'S RESERVED SUPPORT FOR THE CYBERSECURITY PRESIDENCY

CHP Çanakkale Deputy Özgür Ceylan stated that as a party, they do not have a negative view regarding the establishment of the Cybersecurity Presidency, expressing that this step is necessary.

However, Ceylan stated that the search and seizure authority has been made 'excessively' broad in scope. Emphasizing that the increased powers could be used for purposes other than intended, Ceylan expressed that this situation is open to abuse and could lead to unfair accusations against citizens. Based on these reasons, the CHP announced that it would vote against the bill.