Page 1

PERSONAL DATA
IN THE FIELD OF PROTECTION
INTERNATIONAL
AND NATIONAL
REGULATIONS

Page 2

INTERNATIONAL
REGULATIONS

1980
September 23 1990
14 December
1953
03 September

1981
January 28

one

Page 3

2001
08 November
1998
October 25

2018

2nd

Page 4

A) Council of Europe
Arrangements
1. Automation of Personal Data No. 108
Individuals Against Processing
Conservation Convention
Since the 1970s, the Council of Europe has
He worked in the field of data protection.
As a result of the studies carried out, on January 28, 1981
“Automated Personal Data Protection” opened for signature in Strasbourg.
Protection of Individuals from Processing
Convention” entered into force on 1 October 1985.
Turkey signed this convention on 28 January 1981.
became one of the first countries to sign; this Agreement,
In the Official Gazette dated 17 March 2016 and numbered 29656
published and incorporated into domestic law. number 108 today
The main purpose of the Agreement, also known as the Agreement;
in each Member State, regardless of nationality or residence.
fundamental rights and freedoms of natural persons, and in particular
automatic data of a personal nature concerning them.
private life against
to secure their rights.

3

Page 5

2. Automation of Personal Data No. 181
Individuals Against Processing
Additional Controller to the Conservation Convention
Regarding Authorities and Transboundary Data Flow
Protocol
In this protocol, to be implemented in the countries of the states parties
duties in the field of personal data protection
supervisory authority that will exercise it with full independence
committed to establishing Turkey signed this protocol on 8 November.
He signed in 2001. Protocol dated 5 May 2016
It was published in the Official Gazette No. 29703 and became a national law.
has been included.

3. Relevant European Convention on Human Rights
Terms
Europe, of which our country is one of the founding members
It was prepared by the Council of the Republic of Turkey on 4 November 1950.
Signed in Rome and entered into force on September 3, 1953.
Europe for the Protection of Rights and Freedoms
Convention (ECHR), on the processing of personal data
Europe, although there is no direct regulation
The Court of Human Rights, with its case-law,
data is protected.

4

Page 6

On the other hand, the Convention's "Respect for Private and Family Life"
Article 8 titled “Right of Everyone has a private and family life,
the right to respect for one's home and correspondence
has. 2. The exercise of this right by a public authority
interference only if the interference is prescribed by law.
and national security in a democratic society, public
security, economic well-being of the country, maintenance of order,
crime prevention, health or morals or
for the protection of the rights and freedoms of others
may occur if there is a necessary precaution.”
is in the form. With this article, the protection of personal data
Although not directly cited, mainly private and family
Personal data within the scope of the right to respect for life
legally protected.

5

Page 7

B) European Union
Arrangements
Processing of Personal Data No. 1.95/46/EC
and Free Movement of Individuals
the European Parliament and
Council of Europe Directive
On the protection of personal data in the European Union
As a result of the studies that started in the 1990s, 1995
“The European Parliament and the Council of Europe Personal
With respect to the Processing and Free Movement of Data
adopted the Directive on the Protection of Individuals.
The main purpose of the directive is to
regulations on the protection of personal data
is harmonization. EU member states, personal data
this Directive on the legal arrangements for the protection of
based on them. Law No. 6698 is also fundamental.
has been prepared on the basis of this Directive.
On the other hand, Directive 95/46 of the European Union is based on
It also made sectoral-based regulations. It
The most important of these regulations is 2002/58/EC.
“Personal Data in Electronic Communication Sector
Processing and Protection of Private Life
Directive”.
6

Page 8

2. 2016/679 European Union General Data Protection
Charter (GDPR)

The European Union has emerged in the field of personal data protection.
In 2012, to meet the emerging needs, a new
started the bylaws. European Parliament,
by the Council of Europe and the European Commission
The charter was adopted in 2016 and was completed on May 25, 2018.
into force by repealing Directive 95/46/EC on
will enter.

7

Page 9

C) Other Arrangements
In addition, international
at the OECD's “Protection of Private Life and Personal
Guidelines for Cross-border Flow of Data” (23
September 1980) and the United Nations “Computer Processed
Guidelines for Personal Data Files” (14 December)
1990) exists.

8

Page 10

NATIONAL
REGULATIONS

2010

September 12

2016

March 17

2004

October 12
number 5237
Turkish Criminal
law

9

Page 11

2016

07 April

2016
May 05

10

Page 12

A) 1982 Constitution
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.
Constitution made in 2010 with Law No. 5982
an additional paragraph to Article 20 of the Constitution with the amendment
has been added. In the mentioned paragraph; “Everyone is about
has the right to request the protection of 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.

11th

Page 13

With this regulation in the Constitution;
• Protecting everyone's personal data about themselves.
has the right to demand
• 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 covered,
• Personal data can only be processed in cases stipulated by law.
or can be processed with the express consent of the person
has been adjudicated.

12

Page 14

B) Personal No. 6698
Data Protection
law
There is a special law on the protection of personal data in Turkey.
A commission was first established in 1989 to pass laws.
was created. This commission has not yet
dispersed before completion. new in 2000
A commission has been formed and this commission has three
a draft law as a result of years of work
has prepared. However, for various reasons, the draft
has not been enacted. In 2008 and 2014, Justice
A new draft was prepared under the leadership of the Ministry of
Although it was submitted to the Grand National Assembly (Parliament), the legislative
The relevant legislative proposals become obsolete as the period ends.
has arrived.
In the Constitution, detailed information on the protection of personal data
it is stated that the regulations will be made by law. It
In this context, on December 26, 2014, “Personal Data
Draft Law on Conservation of the Turkish Grand National Assembly
presented. The bill was enacted on March 24, 2016
and Law No. 6698 on the Protection of Personal Data, 7 April
Published in the Official Gazette dated 2016 and numbered 29677
entered into force.
13

Page 15

C) Turkish Penalty No. 5237
law
Article 135 of the Turkish Penal Code No. 5237,
recording of personal data, in Article 136,
unlawful giving or taking, 138.
In the article, the acts of not destroying the data are considered as a crime.
edited. In addition, in Article 140 of the Law, this
security measure against legal persons in relation to crimes
stipulated to apply.

14

Page 16

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

