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A CONSTITUTIONAL
AS RIGHT
PERSONAL DATA
PROTECTION
RIGHT TO REQUEST

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Fundamental rights and duties of the person in the second part of the Constitution
are held. Confidentiality of private life is also a fundamental
one of their rights. This right is enshrined in Article 20 of the Constitution.
has been guaranteed. The fundamentals of technological developments
make it easy to interfere with rights and freedoms
and this situation as a legal problem.
legal regulations in this regard
made it necessary.

one

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Constitution made in 2010 with Law No. 5982
With the amendment to the 20th article of the Constitution, an additional
By adding a clause, personal data means “privacy of private life and
the right to protection " within the scope of the constitutional guarantee
has achieved. In the mentioned paragraph; “Everyone with
has the right to request the protection of the relevant personal data.
This right; about personal data relating to the person himself
information, accessing, correcting these data
or to request its deletion and for its purposes
It also includes learning whether it is used or not. Personal
data only in cases stipulated by law or
may be processed with express consent. Protection of personal data
The principles and procedures regarding the issue shall be regulated by law.” place for judgment
given.
According to the aforementioned Constitutional provision;
• Everyone has the right to protect their personal data.
has the right to demand.
• In this sense, individuals are basically
relevant personal data into the hands of unrelated third parties.
take the necessary measures to prevent
they have the right to demand.
2nd

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Turkey
Republic
Constitution

• This right; personal data about the person himself
being informed about, accessing these data, their
request its correction or deletion and its purposes
to find out whether it is used in accordance with
also covers. In this sense, individuals
the right to learn about the use of personal data
as well as the personal data in question
In case of any mistake, this
request correction or deletion of data
they also have the right.

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• Personal data only in cases stipulated by law.
or with the explicit consent of the person. a legal
lack of regulation or the individual
a clear will to process personal data belonging to
personal data in the absence of a declaration
cannot be processed.

In the justification of the amendment proposal regarding this article;
“Indirect protection of personal data in the Constitution
Although there are provisions, they are not sufficient. comparative
in law and in international documents to which we are a party.
The protection of personal data is emphasized.
With the article, everyone's personal data related to him
as a constitutional right
are insured. In this context, individuals
on the personal data that concerns them
rights and authorities and which personal data
While it is decided that it can be processed in certain cases, personal
the principles and procedures regarding the protection of data by law.
is anticipated to take place. ” is included.

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In the 3rd paragraph of Article 20 of the Constitution, personal data
protection is envisaged. In addition, personal data
illegally processed, Article 17 of the Constitution
Immunity of the person guaranteed by the
with the right to protect and develop their material and moral existence.
Special provisions regulated in Articles 20 and 22 of the Constitution
violation of the right to privacy and protection of life.
is coming.

In paragraph 3 of Article 20 of the Constitution, personal data
only with the express consent of the individual or in cases prescribed by law.
on how to protect personal data
It is stated that the principles and procedures will be regulated by law.
Under the Constitution, in cases stipulated by law, personal
Although it is stated that the data can be processed, private
It is seen that the reasons for the limitation are not included.

In accordance with the provision stipulated in the Constitution, 26 December 2014
“Personal Data Protection Law Draft” on
It was submitted to the Speaker of the Parliament. Draft, 24 March 2016
Personal Data No. 6698 enacted on

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Protection Law dated 7 April 2016 and numbered 29677
It entered into force by being published in the Official Gazette, thus
Legal infrastructure necessary for the protection of personal data
completed.

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Nasuh Akar Mah. 1407. Street No:4 06520
Balgat-Çankaya/Ankara // www.kvkk.gov.tr
Tel: 0 (312) 216 50 50 // Fax: 0(312) 216 50 52

