Protection of personal data within the context of tort liability in Private International Law

Personal data is any information that can be associated with a certain person. Nowadays, personal data has a financial value, and processing personal data is becoming easier as a result of technological advancements. For this reason, the amount of personal data processed is increasing exponentially. Regulations pertaining to the protection of personal data had to be introduced as a result of this circumstance. The right to protection of personal data is included in the scope of personal rights in Turkish law. Violation of personal rights by processing personal data may result in tort liability. With the advent of digital technology, the international circulation of personal data is growing daily, which also raises the number of disputes containing foreign elements. The law applicable to disputes containing foreign elements arising from the processing of personal data will be determined in accordance with the provisions of the Law No. 5718 of the Turkish Code on Private International Law and International Civil Procedure (MOHUK). The rule regarding the law to be applied in case of violating the right to personal data by processing personal data or limiting the right to receive information about personal data has been regulated specifically in Article 35 (3) of MOHUK. In such disputes, the international jurisdiction of Turkish courts will be determined according to the jurisdictional rules of domestic law in compliance with Article 40 of MOHUK.