Photographer Jailed for Sharing Wedding Photos Without Consent: Landmark Court of Cassation Ruling

Photographer Jailed for Sharing Wedding Photos Without Consent: Landmark Court of Cassation Ruling

A recent decision by the Court of Cassation's 12th Criminal Chamber has significant implications for the wedding photography industry and every couple who hires a photographer: a photographer who showed a couple's wedding photos to other customers as a "sample album," without their consent, was sentenced to prison for unlawfully disclosing personal data.

What Happened?

A couple in Elazığ hired a photographer to shoot their wedding. Some time later, they discovered that their photos had been turned into an album and shown to other customers visiting the photographer's studio, without their knowledge, and filed a criminal complaint.

Local Court and Court of Cassation Disagreed

The Elazığ 5th Criminal Court of First Instance initially acquitted the photographer, reasoning that wedding photos could not be considered images of a private sphere that the subjects would not want others to see. On appeal, however, the Court of Cassation's 12th Criminal Chamber (Case No. 2023/2695, Decision No. 2025/4315, dated May 12, 2025) disagreed — holding that the photos reflected the individuals' physical characteristics and identity, and therefore qualified as "personal data."

What Does the Ruling Mean?

According to the Court, showing or distributing such personal data to third parties without the explicit consent of the individuals concerned constitutes the offense of "unlawfully providing or obtaining data" under the Turkish Criminal Code. On retrial, the local court sentenced the photographer to 1 year and 8 months in prison; the Court of Cassation unanimously upheld the conviction.

What Does This Mean for Photographers and Clients?

This ruling is a warning not just for wedding photographers, but for anyone doing portrait, family, or event photography. Obtaining explicit, written consent from clients before using their photos on social media, in a portfolio, or as samples for other customers is essential. Sharing without consent can trigger both civil and criminal liability.

Source: Court of Cassation 12th Criminal Chamber, Case No. 2023/2695, Decision No. 2025/4315, dated May 12, 2025.

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