Protecting personal data is essential in today's digital age, where personal information is constantly collected and processed. Turkey recognizes the importance of personal data protection and has implemented the Personal Data Protection Law (PDPL) to regulate the processing of personal data.
In this essay, we will explore the principles and obligations of the PDPL, individual rights under the PDPL, PDPL violations and sanctions, and steps to ensure compliance with the PDPL.
What is the Personal Data Protection Law (PDPL) in Turkey?
On December 26, 2014, the "Draft Law on the Protection of Personal Data" was delivered to the Turkish Grand National Assembly's presidency. The Draft Law was passed on March 24, 2016, and on April 7, 2016, the Official Gazette numbered 29677 published the Law on Protection of Personal Data No. 6698, which went into effect.
The law is based on the European Union's General Data Protection Regulation (GDPR. By regulating the responsibilities of both natural and legal persons who process personal data as well as the protocols and guidelines to be followed, this Law aims to safeguard people's fundamental rights and liberties, particularly their right to privacy in their private lives.
Principles and Obligations of the PDPL
The PDPL set out principles for processing personal data and obligations for data controllers. Data controllers are natural or legal persons who determine the purposes and means of processing personal data. On the other hand, data processors are natural or legal persons who process personal data on behalf of the data controller.
PDPL Principles
The principles of the PDPL are based on the GDPR and include the following
- Lawfulness, fairness, and transparency
Personal data must be processed lawfully, fairly, and transparently.
- Purpose limitation
Personal data must be collected for specific, explicit, and legitimate purposes and not further processed in an incompatible manner.
- Data minimization
Personal data must be adequate, relevant, and limited to what is necessary for their processing purposes.
- Accuracy
Personal data must be accurate and, where necessary, kept up to date.
- Storage limitation
Personal data must be kept in a form that permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed.
- Integrity and confidentiality
Personal data must be processed in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and accidental loss, destruction, or damage.
Obligations of Data Controllers
Data controllers have several obligations under the PDPL, including
- Notification obligation
Data controllers must notify data subjects about the processing of their data, including the purposes of the processing, the categories of personal data being processed, and the recipients or categories of recipients to whom the personal data may be disclosed.
- Data subject rights
Data controllers must respect the rights of data subjects, including the right to access their data, the right to rectify inaccurate data, the right to erase their data, and the right to object to the processing of their data.
- Security obligation
Data controllers must implement appropriate technical and organizational measures to ensure the security of personal data.
- Data protection impact assessment
Data controllers must conduct a data protection impact assessment (DPIA) when processing personal data that is likely to result in a high risk to the rights and freedoms of data subjects.
- Data breach notification
Data controllers must notify the Personal Data Protection Board (PDPB) and data subjects of any personal data breach within 72 hours.
Individual Rights Under the PDPL
Individuals in Turkey have various rights under the Turkish IT Law and PDPL, including the right to access, rectify, erase, object, restrict, and transfer personal data. These rights allow individuals greater control over their personal information and ensure it is legally processed.
PDPL Violations and Sanctions
Data controllers and processors are responsible for protecting personal data and ensuring compliance with the PDPL. Failure to do so can result in severe sanctions and penalties, such as administrative fines, civil liabilities, and criminal sanctions. To avoid PDPL violations, data controllers and processors must implement appropriate security measures, obtain necessary consent, and comply with individual rights.
Steps to Ensure Compliance with the PDPL
Compliance with the PDPL requires a proactive approach, including regular risk assessments, appointing a data protection officer, and developing policies and procedures that align with the PDPL's principles.
Intellectual Property Lawyers in Turkey and Turkish Information Technology Lawyers can provide guidance and support in ensuring compliance with the PDPL. With the increasing importance of data privacy and security, compliance with the PDPL is a legal obligation and a necessary step for maintaining trust with clients and stakeholders.
You can read our previous article at https://istanbullawyerfirm.com/blog/documents-required-in-an-employee-file