Explicit consent within the context of conditions for processing of personal data

Today, the world is witnessing the parallel flow between the rise of the power of data and profiling in data processing, and the incremental violation of the right of privacy. International and national regulations aim to prevent the personal data from misuse for various intentions of the processors. The processing of personal data is forbidden as a rule and conditions for processing of personal data is regulated numerus clausus through the The Turkish Law on the Protection of Personal Data no. 6698. This study focuses on the lawfulness of processing and the explicit consent which have been analyzed within the comparison of the Law no. 6698 and European Union General Data Protection Regulation. The first part of this thesis will examine the international and national regulations, basic concepts, general principles and the legal perspective of right to protection of personal data based on the General Principles of The Law on the Protection of Personal Data. The second part will focus on the lawful grounds of the processing of personal and sensitive personal data, the explanation of explicit consent and its legal structure. The third part analyses the conditions of the validity, the legal capacity to consent, the form and the duration of explicit consent beside the burden of proof, the withdrawal of consent and its other components alongside controversial issues over the notion of explicit consent.