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Personal Data Protectıon Law

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Personal data is any information about an identified or identifiable natural person. As it is generally accepted, people's race, ethnicity, political thought, philosophical belief, religion, sect or other beliefs, costume and outfit, association, foundation or union membership, health, sexual life, criminal conviction and security measures and biometric and genetic data is also personal data of a special nature. Those definitions are stated in the 6698 numbered "Personel Data Protection Act". 

 

In Turkish law, a basic law is enforced regarding what personal data is, how it will be processed, and in which cases it should be consented. "Personal Data Protection Law - KVKK" numbered 6698 regulates all these issues. The Act has brought regulations regarding the data of only natural persons, and has gradually envisaged periods for the data processors to ensure compliance with the law. In addition to this legal regulation, there are regulations on personal data, albeit limited, in the Constitution and the Turkish Civil Code and other laws regarding certain issues.

 

Developments related to personal data have not only occurred in Turkish law, but also recently adopted "General Data Protection Act - GDPR" in European Union Law. This arrangement has content similar to Turkish Personal Data Protection Act as content. The obligations imposed on the data processors are regulated within a broad framework. Its application area is wider than Turkisg Act. Apart from these developments, similar developments are observed in other foreign legal systems.

 

There are serious sanctions for not complying with legal regulations regarding personal data or for processing the data against the law. In this context, administrative fines and prison sentences are foreseen. Apart from these, it is possible for people whose data is violated to use their compensation rights arising from private law. Again, various sanctions will be imposed on the unregistered people who need to register on the data systems envisaged.

 

Alparslan monitors the legal process for the protection of personal data. Consultancy is provided especially to responsibles who process data and who need to register in data systems. Consultancy services are also provided on the subjects such as performing the legal steps required in the registration process, making the data processes that may be against the law compliant with the legislation, training the relevant institution's personnel in this regard, as well as following up administrative processes or cases when necessary.

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