A. What is Information Law?
Information law is a branch of law that emerged as a result of the widespread use of information and communication technologies, regulating the legal relationships impacted by these technologies. With advancing digitalization, the proliferation of the internet, and technological innovations providing ease of access, individuals and institutions increasingly integrate information technologies into their daily lives and business relationships. This has necessitated the establishment of a specific legal field to address new regulations and resolve disputes arising in this context.
Similar to classical law, information law encompasses a wide scope, covering both public law and private law dimensions.
B. Areas Covered by Information Law
Information law acts as the reflection of classical law in the digital realm. Its main areas are essentially digital derivatives of existing classical law domains. However, the most well-known and rapidly developing fields are generally as follows:
1. Internet Law
Activities conducted over the internet bring about legal regulations. Internet law governs the rights, obligations, and responsibilities of individuals and institutions online. This field can broadly be seen as a reflection of civil law in the digital space, encompassing various domains such as the protection of personal data, e-commerce, digital intellectual and industrial property rights, and virtual ownership.
2. Protection of Personal Data
Today, the protection of personal data has become increasingly significant for both individuals and governments, necessitating special regulations in this area. For instance, the Personal Data Protection Law (PDPL) in Turkey ensures the confidentiality of private lives. Under this regulation, private entities, public institutions, businesses, and individuals face severe sanctions if they process or share personal data without consent.
3. Intellectual Property Rights
The protection of digital works (e.g., software, music, films, digital content) falls under the scope of information law. Issues such as copyright, patents, and trademark infringements in the digital realm are regulated by information law. For example, unauthorized use or distribution of software is subject to sanctions under digital copyright laws.
4. Electronic Commerce and Digital Contracts
With the growth of e-commerce, legal regulations have become necessary for online transactions and digital contracts. E-commerce law has emerged to address this need, covering topics such as consumer protection, payment systems, electronic signatures, and distance selling contracts.
5. Artificial Intelligence and Crypto Assets
In recent years, the rise of technological innovations like artificial intelligence, big data, and blockchain has made it necessary to expand legal regulations to these fields. Issues such as the accountability of AI algorithms, data privacy, ethical concerns, and the regulation of crypto assets are among the new legal domains included in information law.
6. Cybercrimes and Cybersecurity
Cybercrimes refer to offenses committed using information technologies. These crimes include identity theft, malware dissemination, data breaches, and unauthorized access to systems. Information law aims to develop regulations to prevent such crimes, penalize offenders, and compensate victims. This area can be seen as the digital counterpart of classical criminal law and requires dynamic regulations due to ongoing and future technological advancements.
The Importance of Information Law
The widespread use of technology has brought legal challenges alongside numerous opportunities. Key issues include the violation of fundamental rights, the disclosure of trade secrets, and the misuse of information systems. Information law is crucial for ensuring the secure, fair, and sustainable use of technology.
In conclusion, information law is a constantly evolving branch of law that aligns with the dynamics of the digital world. While enabling individuals and institutions to use technology safely and ethically, it also addresses legal gaps created by new technologies. As technology continues to advance, the scope and significance of information law will grow even further.
