PERSONAL DATA PROTECTION UNDER EUROPEAN AND TURKISH LAW – ASSESSMENT OF GDPR AND PDPL

Loading...
Thumbnail Image

Date

2024

Journal Title

Journal ISSN

Volume Title

Publisher

Griffith College

Abstract

With the rapid development of information and communication technologies, the increasing sensitivity in the collection, processing and storage of personal data has increased the necessity of legal regulations. In 1995 Directive 95/46/EC, the first framework legal regulation in the field of personal data protection in European Union law, entered into force. Later, due to the need for more detailed regulations with the advancement of technology and the inability of Directive 95/46/EC to ensure uniformity in this field, the need for re-regulation was felt and thus, the European Union General Data Protection Regulation (the GDPR) was adopted in May 2016. Considering the Turkish law, the Personal Data Protection Law (the PDPL), which is the first framework law prepared on the basis of Directive 95/46/EC, entered into force in 2016. The question of whether the PDPL is incomplete in terms of the innovations brought by the repeal of Directive 95/46/EC and the adoption of the GDPR has been raised and the need to carry out this study has been felt. In this study, firstly, the legal nature of personal data protection law and its historical development in Turkish and European law are emphasised and the legal regulations in Turkey and the European Union in this field are mentioned. Secondly, the basic concepts and the principles and conditions of data processing are explained. Afterwards, based on the guidance of the GDPR, the rights of the data subject and then the obligations of the controller are detailed. Finally, the various means of protection of personal data are discussed within the framework of the application to the controller, administrative sanctions, criminal sanctions and general regulations, and the deficiencies of the PDPL are addressed. The aim of this study is to reveal the harmonisation and differences between the provisions of the GDPR and the PDPL. Although it is seen that the PDPL is largely compatible with the GDPR in terms of basic principles, it is concluded that it would be beneficial to make changes and additions to the PDPL and to improve it according to the GDPR, especially in terms of issues such as liability, sanctions, individual rights and data protection measures.

Description

Keywords

GDPR

Citation