dos. Legislation, Conventions and you may Standards
Moreover, CoE events and you may protocols was out-of unique importance due to the subscription out-of Poultry towards the CoE and also the CoE’s reason for starting around the world acknowledged, uniform norms which go outside the limitations of your Eu during the the realm of personal information safeguards.
Within this chapter, the fresh transborder import from information that is personal will be tested limited to the fresh new regulations for the Poultry and you will exhibitions and you will standards of one’s CoE, having direct impact on Turkish laws.
2.step one. Rules when you look at the Poultry
The safety regarding personal information doesn’t always have a long record inside Turkish rules. Terms out-of operating private information had been added onto new Structure out-of the fresh new Republic out-of Turkey once the 3rd part off Post 20 named “privacy of personal existence” this present year. Additionally, the brand new Turkish Penal Password No 5237, and therefore entered towards force on , includes arrangements about your defense from information that is personal. not, as main law that is solely managing personal data safety, the latest PDP Law joined into force abreast of the book throughout the Official Gazette to your .
Transborder import regarding personal data is primarily controlled beneath the PDP Law. But not, there are other laws managing this place to own specific activities.
2.1.step 1. Laws toward Personal data Defense
If PDP Laws inserted into push, Directive /EC towards the safety of people regarding the fresh running regarding information that is personal and on the new totally free path of such data (Directive) was at push regarding Eu. During the time, brand new GDPR was in draft setting. Nevertheless, it was typed lower than 30 days afterwards when you look at the Certified Diary of Eu and you can repealed the fresh new Directive upon their entering on push during the . GDPR put important designs regarding your transfer regarding personal information so you’re able to 3rd countries and internationally teams. Since PDP Law is mainly in line with the Directive, it doesn’t include the innovations as well as the detailed terms regulated within the GDPR.
Nonetheless, the PDP Legislation try of great characteristics with respect to Turkish legislation just like the very first rules you to definitely directly regulates private information safety. In addition introduces the newest organizations you to play a crucial role inside studies protection inside Chicken: the private Investigation Cover Expert (Authority) plus the Information that is personal Security Board (Board). New Authority and its particular team managed beneath the sixth chapter away from the PDP Laws are some of the regulating and you may supervisory organizations. Furthermore, the brand new Expert try joined while the power managed less than Article 13(2) regarding Seminar 108. For the Expert, which has management and you can economic flexibility , there is the Panel, and therefore performs and you may spends their duties and authorities individually lower than the individual responsibility. Post 22 of the PDP Rules manages individuals requirements and you can energies of your own Panel, such as looking at complaints, providing short-term measures, and you can deciding on administrative sanctions. Behavior drawn of the Panel will be divided into five groups with respect to its characteristics: (i) decision to get rid of data running and you can import, (ii) instruction choice to stop the new solution, (iii) administrative great decision, and you will (iv) dominant choice. A section decision range between a provision out-of no less than one of those teams for the very same otherwise various other reasons, mainly because choices aren’t selection together.
Regarding your transborder import of information that is personal, this new specifications of your own PDP Rules toward meanings and you will categories of transfers regarding personal data, standards from transborder import and you may big spoil to the passions from Poultry as well as the individual alarmed have become to be taken under consideration.
2.step one.1.step one. Meanings and you will categories of transmits of personal data
The latest PDP Law talks of private information due to the fact “what relating to a thought otherwise recognizable pure people” and you can divides personal data into two categories: private information out of typical nature and personal study of unique nature. The fresh requirements from processing these categories of personal information is managed in another way significantly less than independent articles.