MLSA - In response to the theft of over a hundred million people's data, a legal challenge led by MLSA (Media and Law Studies Association) has been bolstered by expert opinions submitted by three international human rights organizations. These organizations underscored the state's obligation to protect personal data and conduct necessary investigations against those responsible.
Last June, MLSA discovered that the personal data of more than 100 million people registered in the e-Government system had been stolen and sold online. The lawsuit filed by MLSA against the Ministry of Interior, which was responsible for the data breach, was initially dismissed. The court ruled that although the data theft was apparent, the administration bore no responsibility. MLSA's Legal Unit appealed this decision, supported by expert opinions from Agora International Human Rights Group, the Irish Council for Civil Liberties, and the Legal Resources Centre.
The expert opinions, referencing decisions by the European Court of Human Rights, highlighted the states' obligation to protect personal data from third-party attacks, emphasizing their absolute responsibility in this matter.
States Must Impose Sanctions on Responsible Parties
In terms of the right to an effective remedy, the opinions stressed that states must create sanctions and compensation mechanisms for such data breaches. They emphasized the necessity to compensate those affected by data leaks and to pursue criminal processes against those responsible.
Istanbul Chief Public Prosecutor's Office: No Grounds for Prosecution
MLSA had filed a criminal complaint against public officials responsible for the data breach. However, the Istanbul Chief Public Prosecutor's Office decided there were no grounds for prosecution, despite concrete evidence. MLSA contested this decision.
Background Information on Supporting Organizations:
Agora International Human Rights Group (Russia)
Agora is a collective of over 100 lawyers and legal professionals working on landmark human rights cases both locally and internationally. Operating continuous legal teams in various Russian cities and abroad, Agora runs an assistance unit intervening in human rights violation incidents. They represent hundreds of applicants before the European Court of Human Rights and provide support to political refugees forced to leave Russia due to prosecution. Agora is also active in post-Soviet States, where the negative impact of Russian authorities on human rights is strongly felt.
Irish Council for Civil Liberties (Ireland)
The ICCL, a leading independent human rights institution in Ireland, is dedicated to securing human rights for everyone in Ireland through monitoring, education, and campaigning. As a significant advocate for human rights and civil liberties, the ICCL has been an effective player in advancing justice and freedom in Irish society. Its campaigns include various advocacy activities, such as divorce, decriminalization of homosexuality, marriage equality, working for equality legislation and institutions, resisting emergency legislation and the removal of constitutional process protections, and women's rights.
Legal Resources Centre (South Africa)
Established in 1979, the Legal Resources Centre is an independent, client-focused, nonprofit public interest law institution utilizing law as a tool for justice. Operating regional offices in Cape Town, Durban, Grahamstown, and Johannesburg, the LRC challenged the legal mechanisms used by the apartheid government to oppress millions of South Africans in its early years. Since 1994, the LRC has been working to make the South African Constitution a living document, ensuring the respect, promotion, protection, and fulfillment of the rights and responsibilities it contains through litigation, law reform, and networking.
