2. Rules, Exhibitions and Standards
More over, CoE exhibitions and you may protocols is regarding unique characteristics due to the membership off Turkey to the CoE therefore the CoE’s reason for performing globally acknowledged, consistent norms that go not in the limits of your Eu when you look at the the industry of personal data shelter.
Within this section, the transborder SД±rbistan’daki en seksi kД±zlar transfer regarding private information is going to be checked limited to brand new regulations when you look at the Turkey and you may conventions and you can standards of CoE, which have lead influence on Turkish rules.
dos.step one. Guidelines during the Turkey
The protection from personal information does not have an extended background within the Turkish rules. Specifications regarding operating personal information was basically added onto the new Composition of the fresh new Republic regarding Turkey as the 3rd paragraph out of Post 20 called «privacy regarding private lifetime» this season. In addition, the fresh Turkish Penal Password Zero 5237, hence entered with the force into , includes provisions regarding the defense of personal data. However, given that main legislation which is solely managing private information protection, the latest PDP Law entered to your push upon its guide from the Formal Gazette to the .
Transborder transfer away from information that is personal is mainly regulated under the PDP Legislation. But not, there are other guidelines controlling this particular area to own particular circumstances.
2.step 1.step one. Legislation for the Personal information Protection
In the event the PDP Laws registered to the force, Directive /EC on the coverage of men and women for the brand new operating of personal data and on brand new totally free way of these studies (Directive) was at force in the Eu. At that time, the fresh new GDPR was at draft function. Still, it had been typed less than one month after in the Specialized Diary of your Eu and you can repealed the fresh Directive abreast of their entering into force into the . GDPR produced important designs concerning your transfer away from personal information so you’re able to 3rd nations and you will globally organizations. While the PDP Legislation is certainly caused by according to the Directive, it doesn’t are the innovations in addition to detailed arrangements regulated beneath the GDPR.
Still, this new PDP Legislation was of good strengths with respect to Turkish legislation because the very first rules you to individually controls personal information coverage. It also introduces brand new institutions one to gamble a crucial role when you look at the analysis security inside the Turkey: the private Data Defense Power (Authority) additionally the Personal data Safeguards Panel (Board). New Authority as well as organization controlled under the 6th part regarding this new PDP Laws are some of the regulating and you may supervisory associations. Moreover, the new Authority was inserted as expert regulated not as much as Post thirteen(2) out-of Meeting 108. When you look at the Power, that has management and you will financial independence , you have the Panel, which performs and you will spends its obligations and you can government individually below the very own accountability. Article twenty-two of your own PDP Law manages some responsibilities and you may vitality of your own Board, eg deciding on grievances, getting short-term strategies, and you will thinking about management sanctions. Choices drawn from the Board might be put into five groups when it comes to its nature: (i) choice to stop analysis running and transfer, (ii) instruction decision to get rid of the newest ticket, (iii) management great decision, and you will (iv) dominating decision. A section decision are priced between a provision of no less than one of those communities for the same or different causes, mainly because conclusion aren’t possibilities to each other.
About your transborder transfer from private information, the fresh new terms of one’s PDP Laws with the significance and you will kinds of transfers from information that is personal, requirements out of transborder import and you can significant damage towards welfare regarding Poultry additionally the people worried are particularly to be taken under consideration.
2.step one.step one.step 1. Significance and kinds of transmits out-of private information
The newest PDP Laws represent private information while the “every piece of information according to an imagined or recognizable pure person” and divides personal data on the a couple of categories: personal data of regular nature and personal studies off special characteristics. The brand new standards away from processing these two categories of personal information was controlled in different ways lower than independent articles.
