The fresh new rules into the cover off private information when you look at the Turkish law is founded on European union laws
2. Regulations, Events and Standards
Furthermore, CoE exhibitions and protocols are regarding unique strengths as a result of the subscription away from Poultry with the CoE and also the CoE’s purpose of starting global approved, uniform norms that go beyond the borders of Eu for the the industry of information that is personal protection.
Within this chapter, the new transborder transfer away from information that is personal can be examined simply for new regulations in Chicken and conventions and you will protocols of one’s CoE, with head impact on Turkish laws.
dos.1. Legislation from inside the Chicken
The safety away from information that is personal doesn’t always have a lengthy records for the Turkish law. Conditions from control private information was basically included into this new Structure of the new Republic regarding Turkey just like the third section out-of Post 20 called “privacy out of individual lives” this year. Additionally, the fresh new Turkish Penal Password No 5237, and that entered on push into , contains specifications regarding the protection of personal information. not, given that main laws which is exclusively controlling personal data cover, the latest PDP Rules registered into push on their guide regarding Official Gazette for the .
Transborder transfer off private information is especially managed within the PDP Legislation. But not, there are various other laws and regulations controlling this particular area to own specific factors.
2.step one.step one. Law on the Information that is personal Safeguards
If the PDP Rules joined on the force, Directive /EC on security of men and women pertaining to the operating away from private information and on the fresh new 100 % free direction of such study (Directive) was a student in push throughout the European union. At the time, the fresh paras paikka lГ¶ytää nainen GDPR was a student in draft form. Nevertheless, it had been composed below one month later for the Certified Journal of the European union and you may repealed brand new Directive up on its typing into force into the . GDPR brought crucial designs regarding the transfer regarding private information in order to 3rd countries and you can in the world teams. As PDP Legislation is generally in line with the Directive, it doesn’t through the designs and also the intricate specifications controlled within the GDPR.
Nevertheless, the PDP Rules was of great importance with regards to Turkish law given that first rules you to yourself handles personal information cover. Moreover it brings up the fresh institutions one gamble a crucial role during the investigation coverage in the Chicken: the personal Analysis Defense Expert (Authority) plus the Information that is personal Protection Panel (Board). The Power and its own team managed in sixth section out-of new PDP Rules are among the regulating and you can supervisory associations. Also, the newest Expert was entered once the authority managed not as much as Blog post thirteen(2) out-of Conference 108. In Power, which includes administrative and you may financial independence , there is the Board, and therefore work and you can uses their requirements and you will authorities independently less than its individual accountability. Post 22 of PDP Laws manages individuals obligations and you can efforts of your Panel, such as for example deciding on grievances, providing temporary procedures, and you will considering administrative sanctions. Decisions drawn because of the Panel can be put into five organizations with regards to their character: (i) choice to quit analysis handling and import, (ii) classes decision to prevent the fresh new ticket, (iii) management fine decision, and (iv) dominating choice. A board choice start from a supply out of no less than one of them communities for similar or additional factors, since these behavior commonly possibilities to one another.
About your transborder import away from private information, the new terms of your own PDP Law on definitions and kinds of transmits off personal data, criteria regarding transborder transfer and you may big spoil with the appeal of Chicken plus the person worried are particularly you need to take into consideration.
dos.step one.step one.step 1. Significance and you can types of transmits of personal information
The fresh new PDP Legislation talks of personal information as the “every piece of information in accordance with an identified or recognizable pure people” and you will splits personal data into the one or two groups: personal data out of normal nature and private investigation of special character. The latest criteria out of control both of these categories of information that is personal try controlled in a different way under separate blogs.
