Can the law be sought using unlawful data?

If a citizen's name, surname, phone number, address, family information, assets, or other personal details can appear on a screen within seconds, the source of this data and who is using it, and for what purpose, must be questioned. Personal data is a part of an individual's private life. Obtaining, sharing, or using this data without the person's knowledge and consent directly creates a legal issue.

The security of personal data is not a new debate in Turkey. A few years ago, allegations that the data of 85 million citizens had been stolen were brought to the agenda, and it was explained that such a data theft via the e-Government Gateway was technically impossible. The Personal Data Protection Board also announced that it had not received any data breach notifications from public institutions regarding the leakage of citizens' personal data.

Today, however, we are facing another dimension of the debate. Within the scope of an investigation conducted in Istanbul, detention warrants were issued for 31 lawyers on allegations that personal data belonging to citizens was accessed through illegal panels and that this data was used in some law firms. Search and seizure operations were carried out in 39 law firms. In statements regarding the investigation, it was also stated that some individuals reached out to citizens with whom they had no legal relationship and used false statements regarding enforcement, foreclosure, or settlement processes.

It must first be stated that not everyone under investigation is guilty. Detention, search, and investigation procedures do not mean conviction. The presumption of innocence must be respected for everyone, and the outcome of the investigation must be awaited.

Nevertheless, the allegations raised bring up an important question regarding the legal profession: Can a person seeking rights through legal means resort to unlawful methods while exercising this right? The law does not accept every path as legitimate to reach a result.

A lawyer may need to learn the address of the opposing party, investigate the assets of a debtor, or obtain certain information about the opposing party in a case. There are paths prescribed by law for this. Courts, enforcement offices, UYAP, and other official channels were created to meet this need.

The fact that these paths are slow or cumbersome does not make unlawful methods legitimate.

The problem with illegal panels arises here. Obtaining and using a person's address, phone number, family relationships, assets, or other personal information without legal authority is not just a data security issue. It can also have serious consequences in terms of the protection of personal data and the privacy of private life.

Article 20 of the Constitution stipulates that everyone has the right to request the protection of personal data concerning themselves. Article 38 of the Constitution clearly states that findings obtained unlawfully cannot be accepted as evidence.

Therefore, the fact that information is accurate does not eliminate the problem of how it was obtained. You may have learned from an illegal system that a person actually lives at a certain address. This does not make the method of obtaining the information lawful.

If the opposite were accepted, the conclusion would be reached that "if the information is correct, it does not matter how it was obtained." Such an approach cannot be reconciled with the principle of the rule of law.

Moreover, the issue is not limited to whether the evidence can be used in a trial. Obtaining personal data through illegal means and reaching out to citizens using this data directly affects people's private lives and sense of security.

Imagine receiving a message on your phone from a number you do not know at all. The person on the other end knows your name, your address, and some information about you. They say there is an enforcement file against you. What is said may be true or false. But even the fact that the person has so much information about you can create pressure in itself.

For this reason, the issue is not just about the question "was an illegal panel used?" It must also be debated to what extent those acting in the name of the law comply with the boundaries of the law.

The legal profession has a special position in the exercise of the freedom to seek rights. For this reason, the allegation that a lawyer has resorted to unlawful methods is important not only in terms of the violation of personal data but also in terms of the reliability of the profession. We must wait for the result of the investigation and not declare anyone guilty in advance. However, this does not prevent us from discussing the legal questions that have arisen. The freedom to seek rights does not justify the use of unlawful means.

For a lawyer, this boundary should be even more distinct. It is unacceptable for a person who wants the law to be applied to step outside the law while conducting their own business. In addition, more effective audit and security mechanisms must be implemented to prevent the seizure and use of personal data in this way. Necessary measures should be taken regarding the protection of personal data for both public institutions and private organizations, and unauthorized access to people's data should be prevented.

Attorney Deniz Ali İlkem Demir