Especially after the Cambridge Analytica scandal, the issue of personal data and its security has become an issue that governments deal with more sensitively. A bill submitted to the Turkish Grand National Assembly (TBMM) yesterday Law for the protection of personal informationUnpleasant (KVKK) It brings a number of important changes.
The “Proposal to amend the Code of Criminal Procedure, some laws and Legislative Decree No. 659”, signed by 126 parliamentarians, is based on KVKK. European Union General Data Protection Regulation‘What (GDPR) strives for harmonization. The proposal also recalls that there is a target to comply with the GDPR in the medium-term program 2024-2026.
What changes are intended by the current bill in the KVKK?
Current clause and exceptions:
It is prohibited to process special personal data without the explicit consent of the data subject.
Personal data other than health and sexual life referred to in the first paragraph may be processed without the express consent of the person concerned in the cases provided for by law. Personal data relating to health and sexual life can only be used by persons subject to a duty of confidentiality or by authorized institutions and organizations for the purposes of protecting public health, preventive medicine, medical diagnosis, provision of treatment and care services, planning and management of health services and their financing may be processed without the express consent of the data subject.
Post-amendment clause and exceptions:
Processing of sensitive personal data is prohibited. Processing of this data;
- The person concerned must have explicit consent.
- It is clearly stated in the law,
- It is necessary for the protection of the life or physical integrity of the person or any other person who is unable to give his/her consent due to factual impossibility or whose consent has no legal validity,
- With regard to the personal data made public by the relevant person and in accordance with the intention 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 implementation of preventive medicine, medical diagnoses, treatments and healthcare services, and the planning, management and financing of healthcare services by persons or competent institutions and organizations subject to the obligation of confidentiality,
- It is obliged to comply with legal obligations in the areas of employment, health and safety at work, 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 to which they are subject and their purposes, are limited to their field of activity and are not disclosed to third parties; It is addressed to current or former members and members or people who have regular contact with these organizations and entities,
is possible.
The bill in question is move data abroad There has also been a drastic change in terms of content. You can click here to view the full 51-page bill submitted to the Presidency of Turkey’s Grand National Assembly.
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