Problems that may occur in the process of harmonizing Turkish personal data protection legislation with the European Union general data protection regulation and suggestions for solutions for these problems
2022
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Advisor: Dr. Öğr. Üyesi Cihan Avcı Braun
Abstract (EN)
The rapid development in the field of information technologies, especially since the nineties, highlighted the need for legal protection of personal data. Starting from this need, many countries have felt the need to make arrangements in their own legal regulations. With the adoption of Directive 95/46/EC in 1995, in the European Union law for the first-time personal data was placed in a legal framework. The General Data Protection Regulation of the European Union, which was approved on April 14, 2016, entered into force on May 25, 2018. In Turkey, after the constitutional amendment in 2010, on April 7, 2016, Turkish Personal Data Protection Law no. 6698 entered into force and the first framework law was adopted. However, when the Personal Data Protection Law is compared with the General Data Protection Regulation, which entered into force on 25 May 2018 after a two-year harmonization process, it seems to be insufficient. The reason for these inadequacies is that Turkish Personal Data Protection Law no. 6698 takes as reference the "Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, Strasbourg, European Treaty Series-No.108 and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995, on the protection of individuals with regard to the processing of personal data and on the free movement of such data. " adopted by the Council of Europe on October 1, 1995. Based on these explanations, Turkish Personal Data Protection Law no. 6698 which was prepared for the need for the protection of personal data in our country, is also of vital importance in Turkey's harmonization process with the European Union. In addition, considering the regional scope of the Regulation, it is clear that it will interact with the legislation of many countries. Therefore, the Regulation should be evaluated comparatively in the process of harmonization with Turkish legislation and studies should be carried out to solve the problems that may arise. In this regard, it is not sufficient for the persons or legal entities residing in Turkey to be in compliance with the Turkish Personal Data Protection Law no. 6698, but also need to comply with the EU General Data Protection Regulation. Harmonization studies to be carried out in the Turkish Personal Data Protection Law no. 6698 will be important for real persons and legal entities included in the EU General Data Protection Regulation and will also gain importance in filling the gaps that may arise in practice in the future for the Personal Data Protection Board. Keywords: Personal data, Personal Data Protection, General Data Protection Regulation, Turkish Personal Data Protection Law no. 6698.
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Dr. Ayca Zanbaklar Seçkin
Institution
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Ayca Zanbaklar Seçkin (Master Thesis). Problems that may occur in the process of harmonizing Turkish personal data protection legislation with the European Union general data protection regulation and suggestions for solutions for these problems, 2022, Yeditepe University.
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