Kişisel Verilerin Korunması Yükümlülüğünün İhlalinden Doğan Hukuki Sorumluluk

Abstract

Within the scope of this study, the obligation to protect personal data, the ways in which this obligation can be violated and the legal responsibility arising from these violations are examined. Our work consists of three parts. In the first part, starting from the emergence of the need for the protection of personal data, the definition of personal data, its scope and the development process of the legislation were examined. Again in the same section, the Personal Data Protection Law numbered 6698 and the Directive 95/46/EC, which is the basis for the preparation of this Law, and the European Data Protection Regulation, which abolished this regulation, were compared. In the second part, the basic concepts related to the protection of personal data are examined and then the subject of data breaches is explained. In the third part, the legal responsibility arising from the data breach is examined. The third part of our study is especially important in terms of evaluating the terms of legal responsibility and the scope of this responsibility within the framework of the regulations and general provisions of the KVKK. In this context, the basis of legal liability and the legal remedies that can be applied are examined by giving place to the existing judicial decisions and different opinions in the literature.