dos. Laws and regulations, Conventions and you may Standards
Additionally, CoE events and you will standards are away from special strengths due to the registration out-of Chicken for the CoE as well as the CoE’s intent behind creating around the globe recognized, consistent norms which go outside of the boundaries of one’s Eu when you look at the the field of private information coverage.
Within this chapter, brand new transborder transfer out-of information that is personal are examined simply for the legislation in the Poultry and exhibitions and you can standards of CoE, that have direct effect on Turkish rules.
dos.1. Legislation in the Poultry
The protection of personal data doesn’t always have an extended history during the Turkish law. Provisions out-of running information that is personal was included into the brand new Structure out of the new Republic off Turkey since the 3rd paragraph out-of Blog post 20 called “confidentiality of individual life” this year. Additionally, the Turkish Penal Password Zero 5237, hence entered for the force to the , include specifications regarding the security off personal information. However, while the chief laws that’s exclusively controlling information that is personal security, the newest PDP Legislation registered toward force on the publication about Specialized Gazette on .
Transborder import from personal data is mainly controlled according to the PDP Laws. However, there are other rules regulating this region to possess certain products.
dos.step 1.1. Law to your Personal data Cover
In the event that PDP Rules joined into the force, Directive /EC towards the safety of people with regard to the fresh new running off personal information as well as on the latest 100 % free direction of such studies (Directive) was in push regarding European union. At that time, the fresh new GDPR was at draft mode. Nonetheless, it actually was typed less than one month later within the Official Record of one’s Eu and repealed the brand new Directive up on the entering with the push from inside the . GDPR brought essential innovations regarding your transfer of personal data to 3rd countries and around the globe organizations. Since PDP Legislation is usually according to the Directive, it will not are the designs together with outlined conditions regulated according to the GDPR.
Nonetheless, the PDP Laws try of good importance with respect to Turkish laws as the very first legislation you to definitely individually manages personal information shelter. In addition introduces the latest associations you to definitely play an important role in analysis safety when you look at the Chicken: the personal Data Safeguards Authority (Authority) and also the Personal data Shelter Panel (Board). The Power and its team managed underneath the 6th chapter out of the newest PDP Laws are among the regulating and you can supervisory establishments. Additionally, brand new Authority are joined because authority managed under Blog post 13(2) regarding Conference 108. Into the Authority, which has management and you may economic self-reliance , you’ve got the Board, and therefore works and you can uses their responsibilities and you will regulators on their own lower than the own liability. Post 22 of your PDP Laws regulates certain duties and you will energies of your own Board, including thinking about complaints, bringing short-term measures, and you can looking at administrative sanctions. Conclusion pulled by the Panel is divided in to four teams with regards to their characteristics: (i) choice to end data handling and you can transfer, (ii) classes decision to get rid of brand new violation, (iii) management good choice, and you will (iv) dominant choice. A panel choice consist of a provision out of a minumum of one of these groups for the very same otherwise other factors, because these choices commonly solutions together.
Regarding your transborder transfer away from private information, the new specifications of one’s PDP Laws toward significance and types of transfers out-of private information, conditions out-of transborder import and big spoil toward hobbies of Poultry and also the person german karД±sД± worried are particularly you need to take into consideration.
dos.step 1.step one.step 1. Significance and you may categories of transmits out-of personal information
The brand new PDP Legislation represent personal data as “everything per an understood or identifiable sheer people” and you may divides information that is personal towards several classes: information that is personal off regular nature and private studies regarding special nature. New conditions out of handling both of these categories of information that is personal are controlled in a different way less than separate stuff.