The Personal Data Protection Law is changing to comply with the European Union General Data Protection Regulation. The bill containing the changes has been submitted to the Presidency of the Turkish Grand National Assembly as of yesterday.
Especially after the Cambridge Analytica scandal, the issue of personal data and their security has become an issue that is handled more sensitively by governments. A bill submitted to the Turkish Grand National Assembly (TBMM) yesterday, Personal Data Protection Lawto (KVKK) It brings some important changes.
The “Proposal on Making Amendments to the Code of Criminal Procedure, Some Laws and the Decree Law No. 659”, signed by 126 members of parliament, is based on KVKK. European Union General Data Protection Regulation‘What (GDPR) aims to harmonize. The proposal also reminds that there is a target to comply with GDPR in the 2024-2026 Medium Term Program.
What changes are envisaged in KVKK with the bill in question?
Current clause and exceptions:
It is prohibited to process special personal data without the explicit consent of the person concerned.
Personal data other than health and sexual life listed in the first paragraph may be processed without the explicit consent of the relevant person in cases stipulated by law. Personal data regarding health and sexual life can only be used by persons under the obligation of confidentiality or authorized institutions and organizations for the purpose of protecting public health, preventive medicine, medical diagnosis, execution of treatment and care services, planning and management of health services and their financing, without the express consent of the relevant person. can be processed.
Post-amendment clause and exceptions:
Processing of sensitive personal data is prohibited. However, processing of this data;
- The relevant person must have express consent.
- It is clearly stipulated in the law,
- It is necessary for the protection of the life or physical integrity of the person or someone else who is unable to express his/her consent due to actual impossibility or whose consent is not given legal validity,
- Concerning the personal data made public by the relevant person and being in accordance with the will to make it public,
- It is mandatory for the establishment, use or protection of a right,
- It is necessary for the protection of public health, the execution of preventive medicine, medical diagnosis, treatment and care services, and the planning, management and financing of health services by persons or authorized institutions and organizations under the obligation of confidentiality,
- It is mandatory to fulfill legal obligations in employment, occupational health and safety, social security, social services and social assistance,
- Foundations, associations and other non-profit organizations or formations established for political, philosophical, religious or trade union purposes, provided that they comply with the legislation they are subject to and their purposes, are limited to their fields of activity and are not disclosed to third parties; It is directed to current or former members and members or people who are in regular contact with these organizations and entities,
is possible.
The bill in question is moving data abroad There is also a comprehensive change in content. You can click here to review the entire 51-page bill submitted to the Presidency of the Turkish Grand National Assembly.
Source :
https://cdn.tbmm.gov.tr/KKBSPublicFile/D28/Y2/T2/WebOnergeMetni/6e8b6477-2942-49d1-acf1-cfa13bcac252.pdf