Kuzey Kıbrıs Türk Ceza Hukukunda ve Türk Ceza Hukukunda Kişisel Verilerin Korunması: Karşılaştırmalı Bir İnceleme

Abstract

Personal data, according to its consensual definition, refers to any information relating to an identified or identifiable person. The protection of personal data, as an aspect of the protection of privacy, closely relates to protecting the individual's autonomy and improving their material and moral existence. Particularly since the 1970s, within the socio-economic transformation influenced by the development of information technologies, the value of personal data and in parallel to this, processing the personal data by various actors has gained momentum. In line with the needs that have emerged throughout the history, the minimum requirements regarding the protection of personal data have been largely framed at the international level. Presently, the field of personal data protection is regulated in various aspects also in national laws. In this study, personal data protection in Northern Cyprus Turkish Criminal Law and Turkish Criminal Law is examined comparatively. In the first part of the study, the emergence of the need to protect personal data in the historical process and fundemental international regulations are presented. In the second part of the study, the development of personal data protection law in terms of Northern Cyprus Turkish Law and Turkish Law is examined; the concept of personal data, the basic principles regarding the processing of personal data and the conditions for the processing of personal data are discussed comparatively in the axis of the Personal Data Protection Law No. 89/2007 of Northern Cyprus Turkish Law and Personal Data Protection Law No. 6698 of Turkish Law and the basic international regulations. In the third part of the study, the types of crimes related to personal data regulated in between 8th and 11th articles of Protection of Private Life and Confidential Area of Life Law No. 32/2014 of Northern Cyprus Turkish Criminal Law and in between the 135th and the 138th articles of the Turkish Penal Code No. 5237 of Turkish Criminal Law are compared.