dos. Laws and regulations, Events and Standards
Additionally, CoE events and protocols try regarding unique characteristics considering the registration of Poultry with the CoE as well as the CoE’s purpose of performing around the globe approved, consistent norms that go beyond the borders of the Eu for the the world of private information protection.
In this chapter, new transborder transfer from personal information shall be tested restricted to new laws when you look at the Turkey and you can events and you will protocols of the CoE, which have head impact on Turkish legislation.
dos.step one. Laws from inside the Turkey
The protection from private information does not have an extended history from inside the Turkish rules. Conditions out-of operating personal information have been included into the fresh new Structure out of this new Republic out-of Turkey due to the fact 3rd paragraph away from Post 20 named “privacy out of private lives” this season. Additionally, the fresh Turkish Penal Code Zero 5237, which entered on the push into , includes conditions regarding the defense of private information. not, due to the fact head rules that’s exclusively regulating personal data defense, this new PDP Law registered into the push up on the book on Certified Gazette to your .
Transborder transfer off personal information is mainly controlled according to the PDP Law. Although not, there are various other laws and regulations managing this particular area getting certain things.
dos.step one.1. Rules into the Private information Safeguards
When the PDP Law entered on the push, Directive /EC for the safety of people for this new handling from private information and on the latest totally free way of such data (Directive) was at push from the Eu. At that time, the new GDPR was a student in draft form. However, it was typed lower than one month later within the Specialized Record of one’s European union and repealed this new Directive through to the typing towards the push during the . GDPR put essential designs regarding your transfer of private information so you’re able to 3rd countries and global organizations. As PDP Laws is certainly caused by based on the Directive, it will not range from the innovations plus the detailed specifications controlled according to the GDPR.
Still, brand new PDP Legislation is of great characteristics with regards to Turkish legislation because the earliest rules one to privately regulates information that is personal safeguards. What’s more, it brings up this new institutions you to enjoy an important role into the data safety inside Poultry: the private Research Coverage Authority (Authority) and Information that is personal Defense Panel (Board). The new Power and its organization controlled in 6th chapter from the newest PDP Laws are some of the regulating and you will supervisory associations. Moreover, the new Expert was joined as expert regulated significantly less than Article thirteen(2) regarding Conference 108. Into the Expert, which has management and you can financial liberty , there is the Board, which performs and you will uses its requirements and you may regulators independently around its very own liability. Post twenty two of PDP Law manages certain responsibilities and efforts of the Panel, such thinking about problems, getting temporary actions, and you will deciding on administrative sanctions. Conclusion removed by Panel is divided into four organizations in terms of their nature: (i) choice to get rid of research running and transfer, (ii) training decision to stop the admission, (iii) administrative fine decision, and you will (iv) principal choice. A board decision start around a provision away from no less than one of them organizations for similar or additional factors, since norsk bruder online these choices aren’t possibilities to one another.
Regarding the transborder import from private information, the fresh specifications of your PDP Law toward significance and you will types of transmits out of private information, conditions out of transborder transfer and really serious harm into the hobbies out of Chicken and person alarmed are very to be taken into consideration.
2.1.1.step 1. Meanings and you will types of transmits regarding personal data
The newest PDP Rules describes personal data once the “what based on an imagined or recognizable natural people” and splits information that is personal towards the two classes: information that is personal of regular nature and personal research of unique characteristics. Brand new criteria away from handling those two categories of information that is personal try managed differently lower than separate content.