2024 Amendments to Turkish Personal Data Protection Law will open a new term in Turkey. Undoubtedly, data protection presents one of the most fragile areas around the globe for particularly data privacy lawyers.
Introduction
Data privacy lawyers have extensive experience in advising individuals and public or private institutions for the protection of their right to data privacy. The present article identifies 2024 amendments to Turkish Personal Data Protection Law.
What is the right to privacy in Turkey?
The right to respect for private life is directly guaranteed by the Turkish Constitution. Indeed pursuant to Article 20 of the Turkish Constitution, everyone has the right to request respect for their private and family life, and the confidentiality of private and family life cannot be violated without any exception.
That rule is strengthened by Article 134 of the Turkish Penal Code. That article articulates that any person who violates the privacy of another person's personal life shall be sentenced to a penalty of imprisonment for a term of one month to three years. Where the violation of privacy occurs as a result of recording images or sound, the penalty to be imposed shall be increased by one fold.
For more information about the protection of the right to privacy see our article on The Right to Data Privacy and Respect for Private Life
What is Turkish data protection law?
It is significant to understand that the Personal Data Protection Law (Numbered 6698) plays a crucial role in the protection and promotion of data protection in Turkey. The main objective of the Law is to protect fundamental rights and freedoms of persons, particularly the right to privacy, with respect to processing of personal data and to set forth obligations, principles and procedures which shall be binding upon natural or legal persons who process personal data under Article 1.
With regard to the international human rights mechanisms, see our article The Implementation Mechanism of the European Convention on Human Rights
What is the meaning of processing of personal data?
In accordance with Article 2, "processing of personal data" means any operation which is performed on personal data, wholly or partially by automated means or non-automated means which provided that form part of a data filing system, such as collection, recording, storage, protection, alteration, adaptation, disclosure, transfer, retrieval, making available for collection, categorization, preventing the use thereof.
Is there any supreme authority for personal data protection?
In Turkey, the main regulatory institution is the Personal Data Protection Authority, engaging in the protection of personal data processing in line with internationally recognized human rights standards
What is the new for Turkish Personal Data Protection Law (Numbered 6698)?
The New Law (Numbered 7499) introduces new changes in the Personal Data Protection Law. Amendments will come into force on June 1, 2024. Legal change covers particularly new and alternative legal grounds for the processing of sensitive personal data and cross-border data transfer.
Although previously processing of special categories of personal data is not allowed by the law, article 6 of the Law is changed to permissions under specific conditions. Explicit consent, among others, is introduced as a fundamental requirement. Moreover, a permission mechanism is formulated for the cross-border transfer of personal data. An adequacy decision should be delivered by the Personal Data Protection Authority under specific circumstances.
Conclusion
Given the aforementioned considerations, a reform is intended by the updates of the Turkish Personal Data Protection Law (Numbered 6698) by policy makers in Turkey. In a nutshell, 2024 Amendments to Personal Data Protection Law aims at simplifying processing of special categories of personal data and supervising the data transfer to abroad.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
