17.11.2025 20:53
The complaint of the couple whose wedding photos were shown to customers without permission in Elazığ was taken to the Court of Cassation despite the local court's acquittal decision. The Court of Cassation ruled that the photos were personal data and upheld the defendant's sentence of 1 year and 8 months in prison.
The 12th Criminal Chamber of the Court of Cassation ruled that making an album of wedding photos without permission and showing them as examples to customers constitutes the crime of "illegally providing or obtaining data."
A newly married couple in Elazığ had their wedding photos taken by an agreed-upon photographer. After a while, the couple learned that their photos were made into an album without their knowledge and shown as examples to customers visiting the workplace, and they filed a complaint with the prosecutor's office.
LOCAL COURT ACQUITTED
In the investigation conducted by the Elazığ Chief Public Prosecutor's Office, a lawsuit was filed against the photographer for the crime of "violating the privacy of private life." In the case at the Elazığ 5th Criminal Court of First Instance, the defendant, who appeared before the judge, stated that he did not know that what he did was a crime and requested acquittal.
The court ruled for the acquittal of the defendant on the grounds that "the wedding photos of the complainants taken in wedding attire cannot be considered images related to a private life area that they would not want others to see and know."
PHOTOS ARE PERSONAL DATA
The 12th Criminal Chamber of the Court of Cassation, reviewing the file upon appeal, indicated that the photos are of "personal data" and overturned the acquittal decision regarding the defendant.
In the Court of Cassation's decision, it was stated that the photos were presented to the public in a manner that is undoubtedly illegal, and it was reported that the defendant should be convicted of the crime of "illegally providing or obtaining data."
CASE WENT TO THE COURT OF CASSATION, SENTENCE UPHELD UNANIMOUSLY
After the Court of Cassation's decision, the Elazığ 5th Criminal Court of First Instance, which conducted a retrial, sentenced the defendant to 1 year and 8 months in prison for the crime of "illegally providing or obtaining data." The decision stated that "the wedding photos, which are of personal data nature, were displayed to customers visiting the workplace without the consent of the complainants." After the defendant appealed the decision, the 12th Criminal Chamber of the Court of Cassation, which had the final say in the file, unanimously upheld the local court's decision.
In the Court of Cassation's decision, it was emphasized that the procedures during the trial process were carried out in accordance with the law and regulations, and that the claims and defenses were presented and discussed in the reasoned decision along with all collected evidence, highlighting that no illegality was found in the conviction decision regarding the defendant.