Protection of children's personal data within the scope of the Turkish Civil Code and the law on the protection of personal data

Nowadays, in parallel with the development of technology, people can obtain information about people they do not know at all and live on the other side of the world. At first glance, this situation may not be seen as objectionable, considering that these data are never deleted from digital memory, they will be stored in the digital memory even if their lives are over, can be sold to companies within the scope of marketing activities, and even if they are obtained by malicious people, personal data can be used in a way that will cause unwanted results. Sharing it with people is a matter to be considered. In this context, countries have envisaged provisions that ensure the protection of individuals' data as well as binding various rules in their domestic law and in the international arena in order to effectively protect their data. Individuals will be able to demand the implementation of binding legal rules regarding the processing of their data and benefit from protective provisions when faced with an adverse situation. However, children whose personal data are used against their will by their parents, siblings or third parties are often not capable of operating an effective protection mechanism as adults. Moreover, since these data are not deleted from digital memory, it should not be ignored that children whose personal data are shared at a very early stage in their lives may be psychologically negatively affected by this situation in the future. The purpose of our study is to evaluate the provisions regarding the protection of children's personal data within the scope of the Personal Data Protection Law and the Turkish Civil Code. In this context, personal values and personal data of children were determined and ways of protecting them were emphasized. In the first part, the custody right of the child and the personality values that constitute the personality right of the children are emphasized. In the second part, the concept of personal data is explained and the provisions of international and national legislation are emphasized. In the third part, the attacks that can be carried out against the personal data of children are explained by way of example, and the legal remedies that can be applied within the scope of the Law on Protection of Personal Data and the Turkish Civil Code are discussed.