Author
Özdilek, Ali Osman
Publication Date
2024
Subject
Data protection, Law and legislation, Turkey, Standards, Privacy, right of, Law, Turkey.
Type
Document
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Record ID
59f9e0b9-e709-4bcb-9685-efe907d877ae
Library Location
Department of Public Law
Date
2024
Sample Text
The development of both types and processing methods and volumes of personal data in parallel with the development of technology has brought to the agenda the protection of these data within the framework of a unique mechanism, not only with provisions protecting personal rights or penal provisions. At the same time, this situation due to technological development has revealed the need for a higher level of protection of personal data, and personal data has taken its place within the scope of constitutional law as rights protected under constitutions. With the amendment made to Article 20 of the Constitution in Türkiye, the right to protection of personal data has been regulated as a constitutional right. With the Personal Data Protection Law No. 6698, which came into force in 2016, a personal data protection law regulation compatible with EU and world regulations was adopted. With the "e-privacy seals" applications, which were implemented in the EU during the Directive No. 95/46, data controllers were subjected to a kind of certification in data processing processes, and presumptions were created that data processing processes were in compliance with existing legal regulations. After the GDPR came into force, in addition to the GDPR's regulations on accreditation and certification, guides were published on introducing an EU-wide accreditation and certification system for the protection of personal data in order to provide clarifications to these regulations. Following the regulations made in the GDPR and the guidelines issued, the accreditation and certification system in the protection of personal data in the EU has recently been established under the name "EUROPRIVACY". Simultaneously, due to technological advancements, this situation has necessitated a higher level of protection for personal data, prompting the consideration of personal data as rights protected within the scope of constitutional law. In Turkey, the right to the protection of personal data was regulated as a constitutional right through an amendment to Article 20 of the Constitution. With the enactment of Law No. 6698 on the Protection of Personal Data in 2016, a personal data protection law compatible with EU and global regulations was adopted. During the period of Directive 95/46/EC in the EU, the "e-privacy seals" practices were observed, where data controllers were subjected to a sort of certification, indicating compliance of data processing processes with existing legal regulations. Following the enforcement of the GDPR, in addition to the accreditation and certification provisions of the GDPR, guidelines have been published at the EU level to provide explanations and further clarifications to these regulations in the context of personal data protection. Subsequently, in the EU, a system of accreditation and certification for the protection of personal data, under the name "EUROPRIVACY," has been newly established.
