Biyometrik İmzaların Türk Adli Bilimler İncelemelerine Kazandırılması Üzerine Araştırma

Abstract

As a result of the rapid penetration of technology into every stage of human life, people's signatures on paper with a pen have now begun to be made electronically, thanks to tablets with touch screen feature. As a result, documents signed electronically are subject to judicial proceedings. In order to determine the authenticity of the said signatures, requests for examination are sent to the criminal laboratories by the judicial authorities. However, the full name of the said signatures should be, how and by whom they will be examined, etc. there are uncertainties/gaps in matters. In this study, to be able to respond to the investigation requests of the judicial authorities; to determine the instructions and requirements that will form the basis of the investigations of the Gendarmerie Criminal Laboratories. Biometrics was a technical subject unknown to many until recently and was more about computing. As the Personal Data Protection Law No. 6698 came into force in 2016 and biometric data was classified as a special quality, the number of employees in this field increased. Biometrics and biometric data have now become a topic that concerns all people. However, it has started to create not only a technical but also a legal domain. It is known that the debates about what can be considered as biometric data and what cannot be evaluated or when to convert a data into biometric data continue. In the first part of this study, the definition of signature was made. It was revealed why the signature is widely used and the first thing that comes to mind when digital signature is mentioned is the electronic signature. Electronic signature levels were defined and legal regulations regarding electronic signature were investigated. In the second part, signatures on digital media were discussed. The focus was on biometric signature, which is within the scope of advanced electronic signature. The advantages of biometric signature technology and biometric signature examination techniques were evaluated in terms of forensic sciences. The creation of biometric signature, its equivalence to wet signature, data integrity, creation security, verification security and ease of use were emphasized. In the third part of the study, a detailed examination of the biometric signature was made. In this context, the data requirements of the biometric signature were revealed. As numerical data; X and Y coordinate, velocity in X and Y direction, acceleration in X and Y direction, length of signature, height of signature, time elapsed from the first point, pen pressure, pen tip state and tilt, pen lift, pen rotations were defined. Focused on images and metadata of biometric signature. In parallel with this, biometric signature solution requirements were discussed. Within the scope of solution requirements, definitions of sample/processor speed, time capture, pressure/force, air movements, integration of a biometric signature into an electronic document were made. Subsequently, the conditions for signing were discussed. In the fourth part of the study, the main subject of the study, how the criminal investigation of signatures on digital media should be focused on. First of all, the general and characteristic features analyzed while examining wet signatures were mentioned. General features such as form, size, proportions, spacing, slope, acceleration, speed, fluency, pressure, hand raising trajectory were discussed. After mentioning the characteristic features, evaluation and interpretation were made. In the last part, the legal evaluation of the signatures on digital media was made and the discussions on this issue were clarified. As a result, it was focused on how the biometric signatures sent from judicial authorities to criminal laboratories should be examined. In this context, the answer to the question of how the infrastructure works and training preparations of the Gendarmerie Criminal Laboratory should be was revealed.