Turkey’s Personal data Security Laws Zero. 6698 otherwise Kisisel Verileri Koruma Kanunu (KVKK) arrived to force to your , just days up until the European union introduced their groundbreaking General Studies Defense Regulation (GDPR). New KVKK is the very first legislation from inside the Chicken you to handles personal research protection and you may lines this new courtroom obligations one organizations and folks discussing private information need follow. Till the enactment of KVKK, Turkey didn’t have a certain legislation towards coverage away from personal information. Research security and you can shelter away from a few specialized groups is actually regulated as a result of a single provision on Turkish Constitution and several conditions of your Turkish Penal Code. The brand new Turkish Research Shelter Authority (TDPA) try built due to the fact an economically and you can administratively separate supervisory authority from inside the early 2017. The character would be to enforce the fresh new conditions of KVKK and you may improve personal sense on information that is personal safety. The latest KVKK is actually meant to render Turkish guidelines prior to the fresh EU’s Directive /EC, which during the time influenced research defense on Western european bloc. But not, new Directive are repealed in favor of the newest GDPR after the fresh new KVKK into the Poultry came into push. Hence, you will find popular differences between the fresh KVKK and you can GDPR, not merely due to the fact Turkish research protection rules lies in the latest GDPR’s ancestor and just like the study safety legislation of Turkey includes its very own number of unique criteria. Why don’t we take a closer look!
That would the brand new KVKK apply at?
This new KVKK applies to people studies controllers and you can study processors one assemble analysis otherwise processes studies collected off Chicken. Including organizations discovered in this Turkey, as well as one international absolute or courtroom people which can be running the personal advice off Turkish data victims.
Just what data is safe within the KVKK?
Private information means any pointers relating to an imagined or identifiable absolute people. Turkey’s research coverage legislation also contains more strict provisions having special classes from private information, particularly painful and sensitive personal information based on race, cultural supply, governmental feedback, philosophical opinions, religion, sect or other beliefs, gowns, membership away from contacts, foundations, otherwise change unions, health studies, information linked to sexual existence, earlier in the day unlawful beliefs and security measures, and you will biometric and you can hereditary investigation.
Registration in order to VERBIS
- Study controllers that have less than fifty professionals and you will a yearly harmony sheet less than TL twenty five billion (as much as $step three.5 billion), as long as its fundamental hobby doesn’t need the newest handling regarding special categories of study;
- Data controllers whom procedure data simply by non-digital means;
- Customized agents and you will mediators;
- Public notaries, specialized personal accounting firms, and you will solicitors;
- Connectivity, fundamentals, and you may syndicates;
- Political parties.
Failure to register having VERBIS can lead to administrative fees and penalties regarding doing up to $ or the limitation of the controller’s analysis handling issues.
Cross-border transfers
If you are such specifications are like those of this new GDPR, the newest KVKK as well as allows the non-public Study Coverage Power to exclude new cross-border transfer of information regardless if explicit concur of your studies subject is actually obtained if this takes into account your hobbies from Chicken or perhaps the analysis topic will be undoubtedly damage.
Analysis Violation Notifications and you may Response Arrangements
. Study controllers was obligated to notify the fresh TDPA about a document breach in this 72 times of becoming alert to it by using the Study selvittää täällä nyt Violation Notice Setting available with the new TDPA. Justifications for all the delays also needs to end up being sent towards the setting. Affected investigation sufferers should be notified of your own breach too, however, a specific time frame because of it is not specified.
Within the exact same choice, the brand new TDPA and additionally made it a significance of data controllers to help you prepare a data Infraction Response Bundle that have to term a contact person to end up being contacted in case there are a data breach. This person is the no. 1 area from contact to your TDPA and get responsible for the brand new review of the outcomes regarding one breaches that will exists.
Punishment
Analysis controllers which neglect to comply with the requirements of the fresh KVKK face management penalties and fees as high as around TL step one.5 billion (about $230,000), with regards to the gravity of the pass. Criminal activities concerning personal data, at the same time, is actually influenced lower than Articles 135-140 away from Turkish Penal Code Zero. 5237.
The worth of the fresh fees and penalties try enhanced every year based on brand new re also-testing philosophy wrote on Official Gazette that have Tax Proceeding Laws Communiques. All number that appear in this post correspond to the fresh new 2019 re-evaluation.