2. Rules, Events and you can Protocols
Furthermore, CoE events and you may standards try from special advantages due to the membership regarding Chicken on CoE plus the CoE’s intent behind carrying out internationally accepted, uniform norms which go not in the boundaries of your own European union inside the the industry of personal data safety.
Contained in this section, the brand new transborder transfer of private information is examined simply for the brand new laws inside Poultry and events and you will protocols of the CoE, having direct influence on Turkish laws.
2.1. Regulations inside Chicken
The security out of personal data doesn’t always have an extended record during the Turkish legislation. Specifications away from running private information was included into the brand new Constitution off brand new Republic out-of Turkey given that 3rd section out-of Blog post 20 titled “privacy out of personal lifestyle” in 2010. Also, the brand new Turkish Penal Code Zero 5237, which joined into the push on , includes specifications about your cover out-of personal information. Although not, because the main legislation that’s exclusively controlling personal information protection, new PDP Rules inserted to the force on their book on the Specialized Gazette to the .
Transborder import regarding information that is personal is primarily regulated underneath the PDP Legislation. not, there are various other laws controlling this particular area to have particular affairs.
2.step one.1. Legislation into Personal data Cover
If PDP Laws inserted into force, Directive /EC on the defense men and women for brand new operating regarding personal information as well as on the newest totally free direction of such study (Directive) was a student in https://getbride.org/tr/koreli-kadinlar/ force about European union. At the time, the latest GDPR was a student in write setting. Nevertheless, it absolutely was penned lower than 30 days later in the Specialized Diary of the Eu and you can repealed this new Directive abreast of the typing towards force inside . GDPR brought important innovations regarding your import from information that is personal in order to third places and you will worldwide teams. Due to the fact PDP Laws is generally according to research by the Directive, it doesn’t through the innovations together with outlined terms regulated within the GDPR.
Still, the newest PDP Laws was of great characteristics regarding Turkish legislation since the very first laws one truly regulates information that is personal defense. In addition it brings up the fresh associations one to play a crucial role into the study cover within the Chicken: the non-public Investigation Safety Expert (Authority) additionally the Personal information Security Panel (Board). The new Power and its team managed in 6th chapter out-of the newest PDP Laws are among the regulating and supervisory organizations. Furthermore, brand new Expert is registered given that authority controlled lower than Blog post thirteen(2) off Summit 108. From inside the Expert, which includes management and you can monetary self-reliance , you’ve got the Panel, and therefore work and uses their duties and you can bodies individually around the individual accountability. Article twenty-two of PDP Legislation regulates individuals obligations and you will efforts of your own Board, like thinking about issues, getting short-term measures, and thinking about management sanctions. Conclusion taken by the Board is going to be split up into five teams when it comes to their nature: (i) choice to prevent analysis processing and you will transfer, (ii) classes choice to cease this new solution, (iii) management good choice, and you can (iv) dominant decision. A screen choice cover anything from a supply of a minumum of one ones groups for the same otherwise more explanations, since these conclusion are not alternatives to one another.
Regarding the transborder import off private information, the terms of your PDP Legislation toward meanings and you will types of transfers off personal information, criteria out-of transborder transfer and you will severe damage on the hobbies out-of Chicken as well as the person alarmed are to be taken into account.
dos.step 1.1.step one. Definitions and you will kinds of transfers of personal information
The latest PDP Laws represent personal information due to the fact “all the info according to a thought otherwise recognizable sheer people” and you can divides personal information for the one or two classes: personal data out of regular character and private research away from special characteristics. The newest criteria regarding processing these kinds of personal information are controlled in a different way around independent blogs.