Protection of Personal Data

 

The Personal Data Protection Law No. 6698 came into force after its publication in the Official Gazette No. 29677 on 7 April 2016. Turkish Data Protection Authority was established under the same Law and is located in Ankara. Personal Data Protection Authority, which is a public legal entity and possesses administrative and financial autonomy, has been established to carry out duties conferred on it under the Law No. 6698. The mission of the Authority is to ensure the protection of personal data and develop awareness in this respect in the public eye in line with the fundamental rights related with privacy and freedom stipulated in the Constitution, as well as to establish an environment to enhance the capability of competition of the public and private organisations in the data-driven world. Our vision is to be a globally recognized competent authority which is influential in the protection of personal data and to raise the public awareness in this regard. Personal Data is any information relating to an identified or identifiable natural person such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Basically, two criteria are used to distinguish between personal data and non-personal data. Accordingly, to identify any data as a personal data, the data must be relevant to a person and this person must be identified or identifiable. Only data of the natural persons is protected under the Law. Therefore, the term “data subject” is used in the Law to refer to natural person whose personal data is being processed. As expressly stated in the definitions of the Law, the person to be protected is “natural person”. If data of a legal entity identifies or makes identifiable any natural person, such data is protected under the Law as well. However, interests of the natural persons should be protected, not of the legal persons, because the Law does not regulate the protection of data concerning legal persons.

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