Turkish Penal Code Article 138: failure to destroy data
Article 138 punishes those obliged to destroy data in their systems who fail to do so after the legal retention period has expired.
What it says
One to two years' imprisonment for failing to destroy data after the legal period; heavier where the data should have been erased under criminal procedure rules.
In practice
Records kept online or in archives beyond their retention period can bring this article into play alongside KVKK Article 7.
General information, not legal advice. In real cases we work alongside lawyers who specialise in digital rights.
Frequently asked questions
Do news archives fall under it?
They are assessed differently; the article mainly covers records with legal retention periods.