Türk Anayasa Mahkemesi ve Avrupa İnsan Hakları Mahkemesi Kararları Işığında Kişisel Verilerin Korunması

Abstract

Personal data is defined any information relating to an identified or identifiable natural person. In this concept personal data includes not only ordinary identity details as name, surname, birthday date and birthday place, Turkish national ID number, but also such spesific data such as the thought and faith, ethnicity, physical features, state of health, education and employment, personal and family life, communication, residence and credit card, etc, which directly or indirectly make a person known. The right of protection of personal data which is one of the fundamental rights and freedoms is very important for improving rule of law and democracy. The main purposes of protection of personal data are to protect and improve personality on the other hand to protect privacy. Together with the development in technologies on information and communication the escalation of using computer systems and social media networks, has increased the capasity of personal data’s process, transmission, reservation and usage capacity and has decreased people’s power of control on their own datas. The increase in the violations of rights arising from the massive processing of personal data, has improved a reflection of defence mechanism in national and international area and in this context has arised the necessity for a new legislation in the area of protection of personal data. In the beginning personal data protection which is handled in the context of right to privacy after a while needed some sui generis rules and become independent topic in law apart from the right to privacy. The developments dealing with the personal data protection has made this right the subject of many national and international legislation. In line with the developments in technology of information and communication, the right of protection of personal data, apart from protection of right to privacy, has a special area of protection in accordance with its sui generis rules. The adaption of the latest amendments in EU legislation which is in paralel with the latest developments in the area of protection of personal data to the Turkish national legislation will support the protection of personal data in a more comprehensive and effective manner.