The Data Protection Law requires data controllers to notify the relevant data subject and the Board as soon as possible when being made aware of such data breach. In its decision dated January 24, 2019 and numbered 2019/9, the Board clarified the rules and procedures to be applied in data breach incidents.
The Board takes the GDPR approach in terms of timing of breach notifications, and clarified that the term of “as soon as possible” within the Data Protection Law must be…
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According to Article 16 of the Data Protection Law, an obligation to register in the Data Controllers Registry has been introduced for data controllers.
In 2018, the Board issued decisions granting exemptions from registration obligation to certain professional groups, associations, and political parties. The Board also granted a general exemption to local data controllers that have less than 50 employees, and actively less than TRY 25 million on their balance sheets.
Data…
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The Data Protection Law envisages both administrative fines and criminal liability.
With regard to criminal penalties, the Data Protection Law refers to the relevant provisions of the Turkish Criminal Code that detail sanctions for the unlawful recording, or disclosing, or transferring of personal data.
In addition to criminal sanctions, the Data Protection Law also contains provisions detailing administrative fines that are to be applied in the event of a breach. There are…
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The Data Protection Law does not include an explicit provision concerning the appeal process of Board decisions imposing administrative fines; however, it is accepted that criminal courts of peace are the authorized courts pursuant to Law No. 5326 on Misdemeanours dated 30/3/2005 since the title of Article 18 of the Data Protection Law is “Misdemeanours,” and administrative fines are issued as per Article 18 of the Data Protection Law. Having this in mind, decisions imposing…
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Processing Sensitive Personal Data
Proposed amendments to the Data Protection Law, which have been drafted by the DPA and which introduce some modifications to certain disputed provisions of the Data Protection Law, have been presented for the related institutions and organisation’s consideration. Articles proposed to be amended are Article 6, regulating the legal grounds for processing sensitive personal data and Article 9, regulation transfer of personal data abroad.
Under…
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The DPA prepared draft guidelines (“Guidelines”) on January 11, 2022, explaining cookies and practical advice for data controllers who process personal data through cookies. The Guidelines was published on the official website of the DPA on January 11, 2022, to gather views on the same.
Within the scope of the Guidelines, which is still at the draft stage, cookies in general and their types are regulated. It also categorises cookies based on their timeframe, intended purpose…
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