dos. Rules, Exhibitions and you can Standards
Moreover, CoE conventions and you may standards is away from unique strengths because of the membership of Chicken on the CoE and CoE’s reason for performing in the world approved, uniform norms which go beyond the limitations of your own European union for the the world of personal data safety.
In this chapter, the newest transborder import from information that is personal is checked-out limited to the guidelines inside the Poultry and you may events and you may standards of the CoE, with direct effect on Turkish laws.
dos.1. Laws and regulations for the Poultry
The safety away from personal information does not have a lengthy records inside the Turkish legislation. Provisions from control personal data were included into the fresh Composition out-of the Republic out of Turkey because the third paragraph regarding Post 20 called “confidentiality from personal lifestyle” this season. In addition, this new Turkish Penal Password No 5237, and this registered towards push into the , contains terms regarding your safety from information that is personal. Yet not, while the fundamental rules that is solely regulating private information safety, the fresh PDP Legislation joined on the push upon the book regarding the Specialized Gazette with the .
Transborder import out-of personal information is primarily regulated beneath the PDP Law. However, there are various other guidelines regulating this particular area to own particular circumstances.
2.step 1.step one. Law on the Personal data Shelter
If PDP Law joined towards force, Directive /EC for the defense of individuals with regard to the newest handling off information that is personal as well as on brand new free path of such data (Directive) was a student in force on European union. During the time, brand new GDPR was at write function. Nonetheless, it absolutely was published less than a month afterwards within the Official Log of your own European union and repealed the brand new Directive on their typing towards the push in . GDPR delivered important innovations about your import away from personal information so you’re able to 3rd regions and you will globally organizations. Since the PDP Law is certainly caused by in accordance with the Directive, it generally does not include the designs and the in depth specifications controlled in GDPR.
Nevertheless, brand new PDP Legislation was of great advantages with respect to Turkish law while the very first rules one to really regulates private information safety. Additionally, it brings up the newest institutions you to definitely enjoy a crucial role when you look at the data cover within the Chicken: the personal Analysis Protection Power (Authority) and Private information Security Board (Board). The Authority and its own providers controlled beneath the 6th part of the brand new PDP Law are among the regulating and you can supervisory establishments. Moreover, the latest Expert try entered since the expert managed under Blog post thirteen(2) out-of Discussion 108. During the Power, which has administrative and you can monetary flexibility , you’ve got the Board, which functions and uses the requirements and bodies separately lower than the very own liability. Article 22 of PDP Laws controls various obligations and you may energies of the Panel https://getbride.org/no/venezuelanske-kvinner/, particularly thinking about problems, providing brief tips, and you may thinking about administrative sanctions. Behavior pulled by the Panel are put into four groups with regards to its characteristics: (i) choice to avoid analysis control and you will import, (ii) education choice to avoid this new violation, (iii) administrative great decision, and (iv) dominating choice. A section choice range from a supply off one or more of those groups for the very same or additional causes, since these behavior are not choice together.
Regarding your transborder import off personal information, new specifications of one’s PDP Rules for the definitions and you can kinds of transmits away from personal data, conditions out-of transborder import and you may severe damage to your welfare regarding Turkey and people alarmed have become you need to take under consideration.
2.step one.step 1.step one. Definitions and kinds of transmits from personal data
The PDP Rules describes information that is personal since the “all the info according to an identified otherwise recognizable absolute individual” and you may splits private information with the several kinds: personal information out-of regular nature and personal research away from special nature. New conditions from processing these two types of private information is actually managed in different ways significantly less than independent stuff.
