Turkey: Data Protection Update: The Law On Ratifying The Convention For The Protection Of Individuals With Regard To Automatic Processing Of Personal Data Of The Council Of Europe Is Published In The Official Gazette
The Law on Ratification of the Convention for the Protection of
Individuals with Regard to Automatic Processing of Personal Data of
the Council of Europe ("Convention") is published in the
Official Gazette of February 18, 2016 (today) and came into
Turkey signed the Convention, which was off to shelf since 1981,
with declarations. As per Article 2 of the draft law on ratifying
the Convention, the Convention will be effective on the publication
date of the Convention on the Official Gazette, which is today.
Some significant declarations of Turkey for the Convention are
(i) As per subparagraph "a" of the paragraph 2 of
Article 3 of the Convention, Turkey declares that it does not apply
the Convention for the following personal data:
The automatic processing of personal data is realized by
natural persons exclusively for their personal use or household
Public registers specifically regulated by law in Turkey.
Data that is available to the general public information in
accordance with law,
Personal data which is processed by public institutions for the
purposes of national security, defense and to the investigation and
prevention of criminal offences.
(ii) Turkey declared that the Convention will also apply to
personal data which is not processed automatically.
Article 4 of the Convention states that "each party shall
take necessary measures in its domestic law to give effect to the
basic principles for data protection set out in this chapter"
and "these measures shall be taken latest by at the time of
entry into force of this convention in respect of that
Therefore, Turkey will need to enact the Draft Law as soon as
possible, in order to maintain the requirements set out under the
In fact, Turkish Grand National Assembly has been discussing the
Draft Law on Protection of Personal Data ("Draft Law")
currently. The first Grand National Assembly meeting regarding the
Draft Law was held yesterday night (February 17, 2016) and the
Grand National Assembly will vote for the separate articles of the
Draft Law as a next step.
Please find the text of the Convention both in Turkish and in
English which is being broadcasted on the official website of the
Turkish Grand National Assembly at the URL address http://www2.tbmm.gov.tr/d24/1/1-0966.pdf.
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