Protection of personal data in the context of Administrative Law
2022
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Advisor: Doç. Dr. Çınar Can Evren
Abstract (EN)
The legal regulations in our country regarding the concept of protection of personal data are based on the recent past. The Law on Protection of Personal Data No. 6698 entered into force by being published in the Official Gazette dated 07.04.2016 and numbered 29677. In the Personal Data Protection Law, personal data is defined. In addition to this, concepts such as processing of personal data, Personal Data Protection Board, Personal Data Protection Authority, data subject, data processor, data recording system, data controller have been defined. Concepts such as the procedures and principles to be followed in the processing of personal data, the processing conditions of personal data, the transfer of personal data are explained. The administration needs the personal data of citizens in order to perform public service, ensure public safety and carry out public activities. The state needs an extremely wide area of personal data processing in order to provide these services. This situation also increases the obligations of the state responsible for the data. The administration is obliged to take all necessary measures for the protection of personal data, which is one of the fundamental rights and freedoms. The thesis consists of two main parts. In the first part, explanations about the definition of personel data, its elements, sensitive data and the concept mentioned in the law on the protection of personal data are made, and opinions on the legal nature of personal data are mentioned. At the same time, the historical development of personal data law, the regulations in international law related to our subject and the regulations in our country regarding the protection of personal data are mentioned, the constitutional bases of the protection of personal data, the protection of personal data in private law, criminal law and law enforcement activities are explained. In the second part, firstly, a brief explanation is given on administrative responsibility and the responsibility of the administration due to the protection of personal data is discussed. It has been explained what kind of responsibilities the administration may arise as a result of personal data processing activities due to the public services it carries out, the basic principles that it is obliged to comply with during personal data processing activities, the cancellation cases related to our subject, the cases of full remedy, the decisions of the Council of State, the practices that may violate the administration's right to protection of personal data. It includes explanations regarding the structure and decisions of the Personal Data Protection Authority.
Author
Dr. Hümeyra Koparan Bilhan
Institution
How to Cite
Hümeyra Koparan Bilhan (Master Thesis). Protection of personal data in the context of Administrative Law, 2022, Ankara Hacı Bayram Veli University.
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