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Devletin Kitlesel Gözetleme Araçlarının Özgürlükler ve Hukuk Güvenliği Üzerindeki Etkileri ...

lükleri yaşamanın mümkün olmadığı gerçeğinin farkında olarak

meselenin ele alınıp, kamu güvenliği ile özgürlükler ve hukuk gü-

venliği arasındaki dengenin de gözetilerek bu tür faaliyetlerin nasıl

yapılması gerektiği tartışılmalıdır.

Anahtar Kelimeler:

Kamera, Kent Güvenlik Yönetim Sistemi,

Gözetleme, İzleme, Özgürlükler, Hukuk Güvenliği, Hukuk Devleti,

Toplum İçinde Fark Edilmeme Hakkı

Abstract:

As technological progress maintains, both mass

monitoring activities and, if deemed necessary, monitoring on an

individual among crowd might be conducted by public authorities

using cameras located in areas open to the general public for the

purpose of providing public security. Moreover, in order to secure

public buildings and facilities, several public institutions might be

competent to conduct monitoring activities in those areas as well.

However, since there is an absence of specific legislation regula-

ting substantive and procedural rules defining the limits of those

activities, public authorities are acting only in compliance with ge-

neral rules and, in the situations where these rules remain silent,

arbitrary applications are performed by competent authority. At

the same time, due to aforementioned legal gap regarding the

rules governing mass monitoring activities, any natural or legal

person intending to provide security for his own can arbitrarily

set up cameras in entrance, exit and inside of houses, buildings,

offices, stores, markets, factories etc. and conduct monitoring ac-

tivities. Furthermore, they do not only monitor, but also can keep

recordings for an uncertain period of time and share them with

any other individuals and institutions. In this context, a couple of

questions should necessarily be asked such as “can areas open to

the public abolish individuals’ rights to privacy” or “can people

still enjoy the right to not being recognized among crowd or in

society”. Those questions and related topics should be analysed

and discussed in detail. Accordingly, it is obvious that there is an

urgent need for adoption of a specific legislation regulating subs-

tantive and procedural rules defining limits for monitoring activiti-

es and, naturally, specifying criminal sanctions and administrative

measures for infringement of these rules. Otherwise, arbitrary

applications will be widespread and increase in an uncontrollable

way which potentially lead to a life under surveillance. In this con-

text, the legal problem should be analysed as being aware of the

fact that it is not possible to enjoy freedoms without security and,

appropriate solutions should be discussed by taking the balance

between public and legal security and freedoms into considera-

tion.

Keywords:

Camera, the Urban Security Management

System, Surveillance, Monitoring, Freedoms, Legal Security, State

of Law, the Right to not Being Recognized in Society