Personal Data Protection

Personal data can only be processed in cases stipulated by law or with the explicit consent of the individual. It is not possible to process personal data in the absence of a legal regulation or an explicit declaration of intent by the individual to have their personal data processed. The following statement was included in the justification for this article in the proposed amendment: “Although the Constitution contains indirect provisions regarding the protection of personal data, these are not sufficient. The protection of personal data are strongly emphasized in comparative law and also international documents, to which we are a party. This article guarantees, as a constitutional right, the right of everyone to request the protection of their personal data. In this context, while the rights and powers individuals have regarding their personal data and the circumstances under which personal data can be processed are determined, and that it is foreseen that the principles and procedures regarding the protection of personal data will be regulated by law. Article 20, paragraph 3 of the Constitution does not foresee how personal data can be interfered with, but rather the protection of personal data. Furthermore, the unlawful processing of personal data constitutes a violation of the inviolability of the person, the right to protect and develop his/her corporeal and spiritual existence, guaranteed by Article 17 of the 1982 Constitution, as well as a violation of the right to privacy and protection of private life, regulated in Articles 20 and 22 of the Constitution. Article 20, paragraph 3 of the Constitution states that personal data may only be processed with the explicit consent of the individual or in cases stipulated by law, and that the principles and procedures for the protection of personal data shall be regulated by law. Although the constitutional provision states that personal data may be processed in cases stipulated by law, it does not specify any particular reasons for limitation. In this context, the "Draft of Law on the Protection of Personal Data" was submitted to the Grand National Assembly of Turkey on 26 December 2014. The drat became a law on 24 March 2016, and the Law No.6698 on the Protection of Personal Data was published in the Official Gazette No. 29677 dated 7 April 2016, and entered into force, thus the necessary legal infrastructure has been completed for the protection of personal data.