Protection of personality rights within the scope of the Law on the Protection of Personal Data

Persons need others due to their social nature in order to survive both physically and mentally. This kind of need leads the humankind to live in communities. People that are connected with each other all the time, probably share some information regarding their type of relationship. Wondering "the others" and wanting to know about them are basic emotions that are vital since the existence of humankind. As a result of this emotions, people exchange different kinds of information through this interaction. Many of this information relate to an identified or identifiable living individual. In other words, a person who has this kind of information is able to indentify the data owner. This kind of information, which can be relatable to an identified or identifiable living individual, is determined as "personal date" in todays world. Especially, as a result of technological developments, increase in internate useage, extension and change of its utilization area and purpose, information exchange processes between people have changed and become varied. In this circumstances, people cannot control circulation of information, which people can achieve this information and the speed of data transmission as they did before. This kind of matter is not only related with data exchange between people, but also valid for people's relationship with corporations and even countries. Countries' collecting some personal data for different executive purposes causes some concerns on data protection. As a consequence of that, a need for personal data protection shows up. The purpose of data protection is not only about providing the confidentiality of data itself, but to protect the individual by securing its personality rights. Data protection provides self determination by giving chance the data owner to undertake the control of its own data, determine the future of them and to state in what extent the shared information can be used by third parties. Within this scope, it is clear that there is a relation between personal data protection and personality rights. Personal data protection has a major role in securing personality rights. Inappropriate collection and misusage of personal data generally cause an unlawful act which is probably ends with an infringement of personality rights. As it is mentioned above, in consequence of technological developments attacks from third parties to personal values and personality rights, which have already been protected in the means of general terms, increase and become varied. Therefore, an up-to-date and efficient law which is also in compliance with technological changes, is needed. In this study, the relation between personality rights and personal data protection concepts is viewed. Protection of these two concepts provided due to Turkish Legistation is also evaluated, considering the Constitituon of the Republic of Turkey, Turkish Civil Law and Turkish Law of Obligations. In Addition, the Law on the Protection of Personal Data No. 6698, which is the very first and comprehensive law regarding personal data protection concept, is analysed within details by means of procurement of personality rights To conclude, it is stated that The Law on the Protection of Personal Data provides an additional protection to the general terms rather than ensuring an alternative protection method. It is important for being the specific first code in this field and providing compliance with technological changes and increasing the confidentially of data exchanged. Key Words: Personal Data, Personality Right, Personality Values, The Law on the Protection of Personal Data, Direct Consent