01.06.2026 11:40
A cook working at a hospital in Bursa took a photo of his sleeping colleague during the night shift and sent it to their supervisor. Following the complaint, the acquittal decision for the cook was overturned by the Court of Cassation. The Supreme Court ruled that taking the photo and sharing it with a third party separately constitute the crime of "violation of privacy," and the defendant should be punished for two separate offenses. This decision is considered to set a precedent.
A cook working at a private hospital in Bursa took a photo of his sleeping colleague during the night shift and sent it to his supervisor. The cook was tried after his colleague filed a complaint, and the acquittal ruling was overturned by the Court of Cassation. The High Court ruled that the defendant should be punished for two separate offenses.
HE TOOK A PHOTO OF HIS SLEEPING COLLEAGUE ON DUTY
The incident occurred in the kitchen of a private hospital. Cook B.D., who was on the night shift, noticed that his colleague K.M. was sleeping. B.D. took photos and videos of his sleeping workmate and sent them to his supervisor. Following the incident, the workplace management took action against the employee who was sleeping on duty.
HE FILED A COMPLAINT
K.M. filed a complaint, stating that his photos and videos were taken without his consent and shared with third parties. After the prosecutor's investigation, a case was filed against the cook for "violation of privacy." The Criminal Court of First Instance sentenced the defendant to 2 years and 1 month in prison under the relevant articles of the Turkish Penal Code.
ACQUITTAL RULING OVERTURNED
After the case was taken to the appeals court, the Regional Court of Appeals overturned the local court's decision and ruled for the defendant's acquittal. Following an appeal of this ruling, the 12th Criminal Chamber of the Court of Cassation issued a landmark decision.
COURT OF CASSATION: TWO SEPARATE OFFENSES OCCURRED
In its ruling, the Court of Cassation emphasized that the defendant's action was not limited to merely taking images.
The ruling stated that taking a photo of a person sleeping during a shift at the workplace constitutes "violation of privacy through recording images and sounds," and sending these images to the supervisor constitutes "violation of privacy through disclosing images or sounds." The High Court ruled that the defendant must be punished separately for the two offenses, thereby overturning the acquittal.
LANDMARK DECISION
Legal experts noted that the decision of the 12th Criminal Chamber of the Court of Cassation serves as a precedent for similar incidents that may occur in workplaces. The ruling established that sharing images taken without a person's consent with a supervisor or third parties can also be considered a violation of privacy.