Woman Who Installed Spyware On Her Wife’s Phone Will Be Tried

The Constitutional Court made a very remarkable decision regarding the bilateral relations of people. Divorce in phase The court, which examined the case of a couple, ruled that the parties could not access data on smartphones using spyware, and this situation to the law to be contrarydecided unanimously.

A woman uploads a file to her divorced husband’s smartphone. spyware with access to all information. He then presented this information to the court as evidence. The Ezine Civil Court of First Instance accepted the evidence in question. The man, who claimed that what his wife did was a crime, filed a criminal complaint. In the indictment prepared by the Attorney General’s Office, it was stated that the woman acted unlawfully. However, with the court examining the indictment, there is also an appeal. no results. No results could be obtained from the courts, which ruled that the data in question would only be used for divorce proceedings. This time man Constitutional CourtHe made an individual application to

Spouse stalking with spyware is against constitutional guarantees

According to the man whose phone was monitored by spyware, the call logs on his phone, Messageswith information about social media accounts, e-Government password, bank account information, photos and videos. GPS datashad passed into the hands of his wife without permission. Examining the incident, the Constitutional Court made the following assessments:

• The approach of the courts of instance, which will result in the absence of private life areas of the spouses towards each other. contrary to constitutional guarantees It is clear that it is.
• As a result, the conditions required by the positive obligation to be undertaken by the public authorities regarding the establishment of an effective judicial system are fulfilled in the concrete case. because it is not fulfilled Within the scope of the right to respect for private life regulated in Article 20 of the Constitution the right to request the protection of personal data found to have been violated.
• Fundamental allegations of clarification of the event not investigated by the courtIt has been decided that the right to demand the protection of personal data within the scope of the right to respect for private life has been violated due to the fact that the examination was not deepened and the result was reached for reasons that do not fit the concrete case. According to this your violation appears to be due to court proceedings. The appellate authority did not remedy the violation either.

These evaluations created a job for the woman who was in the divorce phase. Because high court officials retrial decided it was necessary. The following statements were included in the written statement:

• Regarding the violation of the right to request the protection of personal data that the claim is admissible,
• guaranteed in Article 20 of the Constitution. right to respect for private life the right to request the protection of personal data is violated,
• In order to eliminate the consequences of the violation of the right to request the protection of personal data, a copy of the decision retrial to be sent to court,

it was decided unanimously.