Turkey: Law On Protection Of Personal Data

The Turkish Parliament has enacted the anticipated draft Law on Protection of Personal Data (Law) on March 24, 2016. The Law will be referred to the President for approval and published in the Official Gazette if approved. We wish to refer some major topics concerning the Law as follows:

1- Definition of Personal Data and Sensitive Personal Data

The newly enacted Law on Protection of Personal Data (Law) mainly aims to protect the privacy, rights, and freedoms of persons in connection with the processing of their personal data and accordingly defines personal data as any information relating to an identified or identifiable natural and legal person. The Law defines the "sensitive personal data", as the personal data revealing race, ethnic origin, political opinions, philosophical beliefs, religion, sect or other beliefs, appearance and dressing, foundation or union membership, health, sexual life, data on penal convictions or security measures, as well as biometric and genetic data of a person.

2- Definitions in relation to Data Processing

Data Processing is any kind of operation which is performed upon personal data, whether or partially by automatic means, or by means of a manual data recording system such as collection, recording, storage, preservation, change, revision, disclosure, transmission, assignment, making available, classification or prevention of use.

Data Processor is a natural or legal person, which processes personal data on behalf of the controller.

Data Controller is a natural or legal person who determines the purposes and means of the processing of personal data and is liable for the establishment and administration of the data registry system.

3- Principals of Data Processing

Personal data may be processed only if it is in compliance with the form and essentials of the Law on Personal Data Protection. The principles of data processing to be;

  • processed fairly and lawfully,
  • accurate and up to date,
  • processed for specified, explicit and legitimate purposes,
  • adequate, relevant and not excessive in relation to the purposes for which they are proceeded,
  • kept for the time stipulated by the law or for no longer than is necessary for the purposes for which they are further processed.

Personal data can only be processed if the data subject has unambiguously given his/her consent.

4- Conditions for Data Processing Without Consent

The consent of the data subject is not requested if the data processing explicitly stipulated by Law.

Furthermore the consent will not be required in cases where it is ;

  • necessary to protect the vital interests of the data subject or of another person where the data subject is physically or legally incapable of giving his consent,
  • necessary for the concluding and performance of a contract to which the data subject is party,
  • necessary for compliance with a legal obligation to which the controller is subject,
  • the processing relates to data which are manifestly made public by the data subject,
  • processing is necessary for the establishment, use or protection of a right,
  • processing is necessary for the purposes of the legitimate interests pursued by the controller provided that this does not damage the fundamental rights and freedoms of the data subject.

5- Process of Sensitive Data

The principals for the process of sensitive data has been defined widely and in detail when compared to the EU Directive 95/46, including data of dresses and appearance, biometric and genetic data and data relating to penal convictions or security measures, of the data subject.

The Law prohibits the process of sensitive data without the explicit consent of the data subject. With the exception for the sensitive data on health and sexual life, no explicit consent of the data subject will be required if ;

  • the sensitive data process is explicitly stipulated by law,
  • the data on health and sexual life is required for the purposes of protection of public health, preventive medicine, medical diagnosis, the implementation of care or treatment or the management of health-care services. Such data can be processed only by competent bodies established by law or which by the persons having the professional secrecy obligation.

Sensitive data shall be processed according to the adequate measures determined by the Personal Data Protection Board (Board).

6- Transfer of Personal Data to Abroad

Personal data can be transferred by the explicit consent of the data subject. The consent of the data subject is not sought in the existence of the conditions above mentioned for the process of personal data and sensitive data. The Law also provides an exemption to the transfer of the data in case the country to which the data will be transferred ensures an adequate level of protection or in the absence an adequate protection the Board can permit such transfer, if the controllers in Turkey and the receiving country undertake to provide an adequate level of protection.

7- Obligations of the Data Controller

The data controller or its representative is obliged to give the following information the;

  1. identity of the controller and of his representative, if any;
  2. purposes of the processing,
  3. information as to whom the processed data can be transferred and the purpose of the transfer,
  4. method to collect personal data and its legal basis,
  5. other rights of the data subject mentioned in the Law.

8- The Rights of Data Subject

Every data subject has the right to:

  • be informed whether or not data relating to him/her are being processed,
  • request information concerning the process, if data has been processed,
  • be informed of the purpose of processing and whether the data is used in line with its purposes,
  • be informed about the third parties in receipt of the personal data in Turkey and abroad,
  • request the rectification of the incomplete or inaccurate processed data,
  • request the erasure or destruction of data,
  • request the notification of third parties in case of rectification of the incomplete or inaccurate processed data and the erasure or destruction of data,
  • object to the result obtained and analyzed by means of exclusively automated systems against his/her interest,
  • request the compensation of the damages suffered as a result of an unlawful processing.

9- Obligations Related to Data Safety

The data controller must take all necessary security measures in order to provide the adequate level of safety for;

  • prevention of the unlawful process of personal data,
  • prevention of unlawful access to the personal data,
  • providing of the safeguard of personal data.

The data controller is jointly liable with the natural or legal person who processed personal data on his behalf for taking the above mentioned security measures.

The data controller must conduct or must have conducted the necessary audits for the implementation of these provisions.

The data controller shall as soon as possible notify the data subject and the Authority, in case that the processed personal data is obtained unlawfully by a third party.

10- Personal Data Protection Authority (Authority) and Personal Data Protection Board (Board)

The Law obliges a Personal Data Protection Authority (Authority) to be established for the implementation of the new regime. The Law also requires the establishment of a Personal Data Protection Board acting as the executive organ, monitoring of the compliance of data processing and transferring actions. The Board is also empowered to evaluate the complaints concerning the data protection rights.

Moreover, the data controllers will need to be registered before the Data Controller Registry in order to perform the data processing. The Registry will be kept and maintained under the supervision the Board.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
Bezen & Partners
Gün + Partners
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Bezen & Partners
Gün + Partners
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions