2. Rules, Exhibitions and Protocols
Also, CoE conventions and you may standards try out-of special characteristics because of the registration regarding Poultry towards CoE therefore the CoE’s intent behind creating all over the world acknowledged, uniform norms which go beyond the borders of the Eu when you look at the the field of information that is personal coverage.
Within this part, the fresh new transborder transfer out-of personal information is checked-out simply for the statutes from inside the Poultry and you will events and protocols of one’s CoE, with lead effect on Turkish rules.
dos.1. Rules from inside the Turkey
The safety regarding personal data doesn’t always have a long history within the Turkish rules. Terms of processing private information was included into the latest Structure off brand new Republic from Turkey because 3rd section off Blog post 20 entitled “confidentiality away from individual lives” this current year. Also, the brand new Turkish Penal Code No 5237, and that joined to the push into , contains arrangements regarding your shelter from information that is personal. Although not, since the fundamental laws that is exclusively regulating personal data coverage, the fresh PDP Law registered on the push on the book regarding the Certified Gazette to the .
Transborder import of personal data is principally controlled within the PDP Law. Yet not, there are various other rules controlling this place to own certain items.
dos.step one.1. Legislation on Information that is personal Safeguards
If the PDP Laws registered towards push, Directive /EC for the shelter men and women pertaining to the brand new control out of information that is personal as well as on this new totally free path of these studies (Directive) was at push in the Eu. During the time, the fresh GDPR was a student in draft means. However, it had been wrote below one month afterwards during the Certified Diary of Eu and you can repealed the fresh Directive up on the typing toward force from inside the . GDPR delivered important innovations about your transfer from personal information so you’re able to third nations and you can global organizations. Given that PDP Legislation is usually in line with the Directive, it does not are the designs as well as the outlined arrangements managed within the GDPR.
Nevertheless, this new PDP Legislation try of great benefits in terms of Turkish laws as first law you to definitely in person regulates personal data security. Additionally raises the latest establishments one gamble an important role in the studies defense inside Turkey: the private Analysis Cover Power (Authority) and also the Personal data Safeguards Panel (Board). This new Expert and its providers regulated underneath the sixth part out of the brand new PDP Legislation are among the regulatory and you may supervisory organizations. More over, the fresh new Expert was joined because expert managed significantly less than Blog post thirteen(2) away from Conference 108. Within the Expert, which has management and financial self-reliance , you have the Panel, and therefore functions and you will uses their duties and you may authorities alone less than the individual liability. Article twenty-two of your own PDP Legislation controls various requirements and you may efforts of your Panel, instance looking at problems, bringing brief methods, and considering administrative sanctions. Behavior drawn by the Panel shall be divided in to five organizations with respect to its characteristics: (i) decision to stop research processing and you may transfer, (ii) instruction choice to prevent new admission, (iii) management good decision, and you will (iv) principal decision. A board decision start around a provision regarding no less than one of them teams for similar or more factors, mainly because decisions commonly alternatives to each other.
Regarding your transborder import away from private information, the latest arrangements of the PDP Law towards the definitions and you may kinds of transfers out of personal information, conditions out of transborder transfer and you may significant spoil with the passion out of Poultry and also the people worried are to be taken into consideration.
2.step 1.step 1.1. Definitions and you may kinds of transfers away from private information
The new PDP Laws talks of private information given that “all the info according to a thought or recognizable Evlilik iГ§in Д°srail kД±zlar pure person” and you can divides personal information toward two categories: private information from typical character and private investigation out-of unique character. The newest criteria of processing these two categories of personal information was managed differently not as much as separate content.