Protection of personal data in the face of developments in information and communication technologies

This thesis study has been prepared to address the aspects of information and communication technologies, which are rapidly developing and spreading to every area of life, that pose a threat to the protection of personal data and to examine the legal remedies foreseen within the scope of private law in this regard. In this context, it is extremely important to determine whether personal data is processed in the use of information and communication technologies and which remedies can be applied legally in case of personal data breaches arising from these technologies. For this purpose, first of all, it is necessary to examine the concepts of data and information, to determine what will be considered within the scope of personal data, and to identify the uses that pose a danger to personal data by considering the relationship of personal data with the information and communication technologies widely used today. Finally, it is necessary to state what the rights of personal data owners are in case of any personal data breach. Within the scope of the thesis; before addressing personal data, the concepts of data and information, the elements of the concept of personal data, views on its legal nature, the right to personality as the essence of personal data, historical development in terms of the protection of personal data and how it is affected by technology, information and communication technologies widely used today and their relationship with personal data, and the legal remedies that individuals whose data has been violated can resort to in the face of a concrete violation in terms of private law in Turkish law have been examined. In this context, important steps taken on the protection of personal data, triggered by the emergence of personal computers and the internet revolution, such as the ECHR, Convention No. 108, EU Directive No. 95/46/EC, General Data Protection Regulation No. 2016/679, have been included. Afterwards, the concepts of internet of things (IoT), artificial intelligence, big data, open data, blockchain, e-commerce, e-government and social media; their relationship with personal data, the regulations in Turkish law against personal data breaches in terms of each concept and suggestions on this subject have been presented. Finally, the sanctions foreseen within the scope of private law in Turkish law regarding the protection of personal data have been tried to be discussed. In this context, material and moral compensation cases and cases protecting personal rights have been tried to be examined in general terms together with the opinions in the doctrine.