NEWSLETTER-2020-metin

152 NEWSLETTER 2020 In this context, in accordance with the Guideline, company of- ficials are under the obligation to provide information about the software and hardware related to the information technologies used, provide system administrator privileges, provide remote access rights to the e-mail accounts of the employees of the undertaking, isolate the computers and servers from the network environment, limit the access of the users to the corporate accounts, and to restore data, if needed. Mobile Devices Portable communication devices, such as mobile phones and tablets, shall be examined to determine whether or not they contain digital data of the undertaking. Portable communication devices that are determined to be completely specific to personal use cannot be inspected. On the other hand, portable communication devices that are found to contain the undertaking’s data shall be inspected at the place of business of the undertaking through digital forensic means. In other words, the Guideline makes it clear that experts are au- thorized to inspect mobile phones; company phones of the undertaking officials will be subject to examination, while personal phones may be reviewed until it is understood that they are completely specific to pri- vate use. In this sense, it is possible to examine the correspondences, not only on company phones, but also on personal phones, and those found to be related to the activities of the undertaking may be taken as evidence within the scope of the case. Procedure for Obtaining Data If deemed necessary by the competition experts during the inspec- tion, the digital data may be partially or completely copied to separate data storages using digital forensic means. The ‘hash’ values shall be calculated for both the copies obtained via the digital forensic means used, and the original version, to ensure the copied data is exactly the same as the original. The copies shall then be transferred to the computer assigned by the Authority, which are equipped with digital forensic software. The copied data will be indexed and inspected by the competition experts. At the end of the inspection, the digital data obtained shall be copied to two separate data storages, and one of the

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