Abstract:

The present study investigates whether there is legal basis behind in situ searching and seizure processes over personal information/correspondence texts in computer systems of attempters who were subject to inspection conducted by the Competition Authority without any judicial decision, or not; and position of these processes in regard to the freedom of communication, right to a fair trial, and principle of fair and valid evidence collection secured by the Constitution, and the European Human Rights Act. It is thought that personal information nested within the information systems of attempters cannot be seized unless the issue is designated clearly by the law on protection of competition with 4054 serial number and the Institution is explicitly authorized.

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