Examining the impact of data processed via the internet on the sovereign rights of states in terms of international law and Türkiye

In today's world, interaction between states and individuals located in different countries has increased significantly due to the internet, resulting to widespread data exchanges between individuals and institutions. Since state data and personal data constitute an integral part of the concept of sovereignty, insufficient control over the processing of such data may weaken a state's political authority and, consequently, its sovereignty. For this reason, states adopt various regulations within their domestic legal systems to prevent uncontrolled data flows. This study examines, from the perspective of international law, whether the processing of data collected via the internet constitutes a violation of state sovereignty. In this framework, the first section defines the working principles of the internet and different types of data. It addresses the types of data processed through the internet and the actors involved in data processing. Particular emphasis is placed on social media applications, mobile software, and cookies used by websites. The second section explains the concept of state sovereignty as well as relevant regulations and doctrinal views. The third section analyzes the impact of internet-based data processing on state sovereignty and discusses whether the power accumulated by states and companies through international data processing poses a threat to sovereignty, with reference to case law examples. The fourth section examines the issue from the perspective of Türkiye by analyzing the historical development of sovereignty and relevant national and international regulations. In Türkiye, Article 9 of the Law on the Protection of Personal Data regulates the transfer of personal data abroad, and within this scope, the regulation governing the procedures and principles for the transfer of personal data abroad was published in the Resmi Gazete on 10 September 2024. Finally, the applicability of the legal regulations is discussed in light of the aspects of internet-based data processing that negatively affect sovereignty. Keywords: Internet, data, cross-border data transfer, state sovereignty, data processing, international law