Protection of right to determine the fate of their personal data by means of criminal law

The issue of protecting personal data that's supposed to be confidential against today's rapidly increasing technological developments has only recently been recognised in our country. Personal data is recorded very easily with an irrepressible speed thanks to technological means. Protecting this right, which is related to various fundamental rights and liberties, right to privacy in particular, will protect people from violation of their rights. Articles 135, 136, 137 and 138 of Turkish Penal Code numbered 5237 regulate storage, distribution, dissemination, acquisition of and failure to destroy personal data within a period as set forth by the law as well as aggravated circumstances to be considered with regards to commitment of crime. These articles are the only articles that provide protection for personal data in our legislation. Europe has continuously adapted regulations in order to protect personal data. Although some laws have been amended to cover this right, the law on protecting personal data is still a draft in Turkey. Until this draft law is passed as a law, we cannot say that the constitutional principle of protecting human rights is abided in our country. Keywords: Human rights, Personal data, Protection of personal data, Right to privacy.