Administrative sanction arranged at the law of personal data protection
2023
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Advisor: Prof. Dr. Ali Akyıldız
Abstract (EN)
This study deals with the administrative sanctions regulated in the field of personal data protection law, which needs protection more and more with technological developments. Administrative sanctions, together with the crimes and penalties regulated in this field, bring a legal guarantee to the protection of personal data by binding the non-compliance with the principles and rules required by the personal data law to deterrent sanctions. Therefore, it is important to determine the principles and rules of the area protected by administrative sanctions. For this reason, the first part of the study examines the concept of personal data and its legal framework. In addition, explanations regarding the technical concepts that will be frequently used in the following sections of the study are also made in this section. Following the determination of the principles and rules governing personal data law, misdemeanours as acts contrary to these principles and rules are examined. This examination is limited to the misdemeanours regulated in the Law on the Protection of Personal Data around the development of the law of misdemeanours. Thus, the misdemeanours of failing to fulfil the data controller's obligation to inform, failing to fulfil the obligations regarding data security, failing to fulfil the decisions of the Board and finally violating the obligation to register and notify the Data Controllers Registry are examined together with the principles and rules of the general theory of misdemeanours. In the last part of the study, the legal nature of the administrative fines imposed for the misdemeanours regulated in the law on the protection of personal data and the judicial remedies that can be applied against these sanctions are investigated. The study started with the hypothesis of the need to establish a balance between the obligations and rights of the data controller, and focused on the legal disputes that may arise in this area, especially based on the decisions of the Personal Data Protection Board, and the decisions made both at the administrative and judicial stages. The purpose of this study is to resolve the undetection of jurisdiction and responsible court during the application of administrative sanction of legal arrangements, definition of different paths at distinct supreme court decisions currently and consequently contradiction of dissimilar approach at the identical discord.
Author
Dr. Berk Yalçın
Institution
How to Cite
Berk Yalçın (Master Thesis). Administrative sanction arranged at the law of personal data protection, 2023, Baskent University.
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