Balancing of right to claim and defence and right to protection of personal data in family law disputes

The subject of the thesis is the resolution of the conflict arising in family law disputes between the right to claim and defence of a party exercising their right by submitting evidence for the case and the right to protection of personal data of the other party whose personal data is included in the evidence above, through balancing. In this context, the nature and scope of both rights have been analysed, and it has been shown that these rights may conflict at the abstract level. Likewise, it has been demonstrated that the conflict exists in concrete disputes in different fields of law and especially in family law disputes. Following the identification of the conflict, the practice of balancing, which is a method used in the resolution of conflicts between fundamental rights and freedoms, was applied. The balancing practice has been tried to be concretised with reference to various opinions and criteria in comparative law and national law. As a result of the thesis, it is suggested that the conflict between the right to claim and defence and the right to protection of personal data in family law disputes can be resolved through the balancing practice proposed in the thesis.