Explicit consent in the protection of personal data

Our study will proceed under two main headings and in the first section, the concept of personal data and the law on the protection of personal data will be discussed. In the second section, the issue of explicit consent will be discussed. Under the title of explicit consent, the issue of transfer abroad, which we think is important in the protection of personal data, will be discussed. The law on the protection of personal data is a young and dynamic legal discipline and is developing and expanding with current decisions. Within this framework, the decisions of the Personal Data Protection Board, the Constitutional Court, the European Court of Human Rights and other judicial authorities have been frequently referred to and it is aimed to concretize the relevant subject with current examples. In the first part of the study, in addition to the concept of personal data, basic concepts related to personal data, opinions on the legal nature of personal data, basic principles for the protection of personal data, reasons for compliance with the law in the processing of personal data and national and international norms regarding the protection of personal data are examined. In the second part of the study, the concept and elements of explicit consent, the legal nature of explicit consent, its form, proof, withdrawal, time and duration of disclosure, the capacity to declare consent and the consent of the child are included. In addition, this section also touches upon the validity of the consents obtained before the entry into force of the LPPD and the relationship between explicit consent and other grounds of lawfulness. Finally, the transfer of personal data abroad within the scope of explicit consent is discussed. In this context, the conditions of transfer abroad and how to transfer data abroad with and without explicit consent are emphasized.