Protection of personal data in archive material

In parallel with technological developments, the automatic processing of personal data has increased the need to protect individuals' private spheres. In Turkey, legal regulations regarding the protection of personal data are enshrined primarily in the Constitution, as well as in the Turkish Penal Code and other relevant legislation. Comprehensive regulations concerning the processing and protection of personal data in a prescribed manner, the rights of data subjects, and the obligations of data controllers were introduced by the Law on the Protection of Personal Data No. 6698, which was published in the Official Gazette dated 07.04.2016 and numbered 29677. The legal guarantee of the right to privacy provided by personal data protection regulations can be asserted not only against private individuals but also against public institutions and organizations. The aim of this study is to evaluate the current situation and legal framework regarding the protection of personal data in archival activities. In this context, the Constitution, the Turkish Penal Code, and other relevant legislation on the protection of personal data have first been examined; subsequently, the regulations introduced by Law No. 6698 have been addressed. The scope of the study focuses on identifying problems related to the protection of personal data contained in archival materials made available to researchers under the Presidency of State Archives, and on examining the relationship of these problems with Law No. 6698. In this way, the importance of archival services in balancing public interest with individuals' fundamental rights and freedoms is revealed, and the gaps in existing legal regulations are highlighted