Yeni Nesil Teknolojilerden İnsansız Hava Aracı ve Özel Hayatın Gizliliğinin Korunması

Abstract

The evolution and development of the unmanned aerial vehicle (UAV), produced for military purposes, continues to permeate all areas of life. The use of UAVs by the police has increased dramatically in recent years to ensure public safety and peace, thanks to advantages such as payloads that can be integrated into UAVs, length of flight time, and almost zero human factor. In Turkey, the Aviation Department within the body of the General Directorate of Security has completed the establishment of UAV bureaus in 81 provinces as of 2018, and as its vision for the future, it increases the UAV capacity day by day. After the September 11 attacks in the USA, "preventing the danger of danger" is adopted as a proactive policing approach. Prevention of danger is only possible with advanced surveillance technologies. In this context, an intensive surveillance technology is used by the police with new generation vehicles that we know exist at all times but in fact we cannot see most of the time. Innovation in science, advancement of technology, and consequently, more sophisticated technological capacity is not only associated with increased efficiency, but also with moral values, political and legal progress. Today, the widespread and intense use of surveillance technologies brings with it a self-discipline effect, in which individuals adjust themselves as if all their movements and behaviors are being watched all the time, and the "Panopticon" metaphor, constructed by Jeremy Bentham and described by Michel Foucault. Therefore, the conflict of values between privacy and public security emerges as the most important ethical issue arising from the comprehensive surveillance of the police using UAVs, one of the new generation surveillance tools. Considering that the use of UAVs by the police is becoming more widespread and the technology used will become more sophisticated, the probability of situations that may interfere with the privacy of private life increases. In this context, determining the powers of the law enforcement and the rights of the individual is of great importance in ensuring the delicate balance between the privacy of private life and public security. Considering that the possible restrictions on fundamental and right freedoms protected by the Constitution can only be regulated by law, it becomes necessary to make legal arrangements regarding the use of UAVs by the Law Enforcement. In this study, the increasing importance of unmanned aerial vehicles in ensuring public safety has been mentioned, and in this context, it has been concluded that the need for comprehensive regulation in the legislation regarding unmanned aerial vehicles and in the fields of security management should be revealed.