Constitutional Basis of the Law on Protection of Personal Data

Constitutional Basis of the Law on Protection of Personal Data

24/12/2021
Tülay Akın

The Law on the Protection of Personal Data, prepared within the scope of harmonization with the European Union, entered into force after being published in the Official Gazette dated 7 April 2016 and numbered 29677. The basis of this law is the Constitutional amendment made in 2010 and the 20th article of the Constitution, which regulates the privacy of private life. Article No. 20 of the Constitution law of the Republic of Turkey stipulates;

“Everyone has the right to demand the Protection of their personal data. This right also includes being informed about personal data about the person, accessing these data, requesting their correction or deletion, and learning whether they have been used accurately. Personal data can be processed only lawfully or by the person’s explicit consent. The Protection of personal data is clearly constitutionally guaranteed by adding a clause stating that the principles and procedures regarding the Protection of personal data are regulated by law.

The fundamental right to demand the Protection of personal data is included in the section of the Constitution on the rights and duties of the individual. However, as with all rights and freedoms, the right to protect personal data may be limited in favor of other rights and freedoms within the limits drawn in the Constitution. Accordingly, regulations regarding the implementation of each right recognized in Article 20 regarding the Protection of personal data and its limitation in favor of other rights can only be made by law.

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