Financial Crime World

Turkey’s Struggle Against Cybercrime: Financial Institutions Under Siege

As the world becomes increasingly reliant on digital transactions, Turkey has faced a growing threat from cybercriminals targeting financial institutions. In this article, we will explore the current state of cybersecurity in Turkey, its laws and regulations, specialized institutions, international cooperation, jurisprudence, and case law.

Cybersecurity Challenges

Turkey’s financial sector is particularly vulnerable to cyber attacks, with hackers exploiting weaknesses in payment systems, online banking platforms, and mobile apps. The Turkish National Police (TNP) has reported a significant increase in cybercrime cases, with many going unreported due to lack of awareness among the general public.

Laws and Regulations

Turkey’s Criminal Procedure Code (Law No. 5271) and Penal Code regulate cybersecurity measures, including:

  • Search and seizure of computer data
  • Interception of communications
  • Covert surveillance

The Constitution guarantees fundamental rights and freedoms, such as:

  • Privacy
  • Freedom of expression
  • Protection from arbitrary interference with private life

Specialized Institutions

The Chief Public Prosecutor Office has specialized cybercrime bureaus in major cities, while the National Cybercrime Department (TNP) investigates cybercrime offenses and provides forensic expertise to support other agencies. The telecom companies’ activities are regulated by:

  • Information and Communication Technologies Authority (BTK)
  • Personal Data Protection Board (KVKK)

International Cooperation

Turkey has established a 24/7 point of contact, as required by Article 35 of the Budapest Convention, to facilitate international cooperation in combating cybercrime. The Ministry of Justice’s Directorate General of Foreign Relations and European Union Affairs is the designated central authority for mutual legal assistance in criminal matters.

Jurisprudence and Case Law

Recent court decisions have highlighted the importance of:

  • Judicial authorization for searches and seizures
  • Ensuring that evidence obtained is admissible in court

The Criminal General Assembly of the Court of Cassation has emphasized the importance of adhering to procedural safeguards when conducting investigations.

Conclusion

Turkey’s financial institutions face a daunting challenge in combating cybercrime. While laws and regulations are in place, specialized institutions and international cooperation are crucial in effective law enforcement. As the threat from cybercriminals continues to evolve, it is essential that Turkey’s authorities remain vigilant and proactive in addressing these threats.

Sources:

  • Criminal Procedure Code (English)
  • Penal Code (Turkish)
  • Penal Code (English)
  • Cybercrime Unit
  • BTK – Information and Communication Technologies Authority
  • KVKK – Personal Data Protection Board
  • ESB – Association of Access Providers
  • MASAK - The Financial Crimes Investigation Board