Evaluation of blockchain technology in the context of data protection law
2024
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Danışman: Doç. Dr. Fatih Buğra Erdem
Özet (EN)
In parallel with rapid developments in technology, the issue of whether current legal regulations will succeed in solving the problems caused by these changing technologies frequently leads to discussions in many different areas. Because law generally follows these developments closely, taking into account that technology is in motion. Thus, it is reshaped by keeping up with the times as changing and renewed technology becomes established. In particular, digital technologies that touch many areas of law raise the question "is there a need for a paradigm change?" that makes the dilemma. Digital technologies inevitably use personal data. For this reason, one of the main areas affected by these technologies is the protection of personal data. Personal data, which has become increasingly valuable especially with changing and developing technologies in recent times, and the legal regulations regulating this area have become an even more current problem. The sense of "trust" provided to people by traditionally authorized central authorities, intermediary institutions and similar third parties is being replaced by blockchain with its decentralized structure, under the influence of changing technologies. Since some of the data held on the blockchain network has the nature of personal data, this technology has recently become an important issue in studies on data protection law. In fact, sometimes this issue is subject to intense criticism. The basis of the regulations implemented for the protection of personal data mostly consists of the rights granted to the relevant persons whose personal data are processed, the management of applications to be made to exercise these rights, and the obligations to which natural persons or legal entities performing personal data processing activities are subject. Therefore, it seems that the current regulations in question are built around a central authority. Because, according to the distributed network structure, which is one of the characteristic features of blockchain technology, records of all transactions carried out on the network are distributed simultaneously in a copy to each participant in the network, without being kept and managed by a central authority. Thus, with this technology, the system is built on a decentralized structure. This fundamental contrast increases the tension between blockchain technology and regulations regarding the protection of personal data. In this context, this study aims to examine blockchain technology in terms of the Personal Data Protection Law No. 6698, Directive 95/46/EC and the provisions of the European Union General Data Protection Regulation, to identify the issues in dispute and to propose solutions within the scope of current developments.
Yazar
Meva Öztürk
Bu Yayına Nasıl Atıf Yapılır
Meva Öztürk (Master Thesis). Evaluation of blockchain technology in the context of data protection law, 2024, Ankara Social Science University.
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