Open menu
01Aralık2022

The Constitutional Court Decided that the Right to Protection of Personal Data Has Been Violated

The Constitutional Court Decided that the Right to Protection of Personal Data Has Been Violated

With the application number 2018/16857 and dated 29.09.2022 Constitutional Court Decision has been published in the Official Gazette No. 32030 on 01.12.2022, it has been concluded that the obligation to protect of personal data is a positive obligation that should be undertaken by public authorities hasn’t been fulfilled.

The Constitutional Court examined the claim that the right to request the protection of personal data was violated since the investigation made on the complaint regarding the illegal recording of a non-public speech was not conducted in accordance with the positive obligations of the state.

In the Decision of the Constitutional Court, the claim that recording and using the speech of the applicant with other people in a non-public environment against his consent, within the scope of the claim that his privacy should be protected, constitutes an attack on his personal data was found acceptable.

Even if the purpose of obtaining evidence, it has been decided that the applicant's right to demand the protection of his personal data, which is protected by the Constitution, has been violated since the audio recording is a personal data.

You can access relevant Official Gazette from here (In Turkish).

Should you have any queries or need further details, please contact your customer representative.

Yazar CottGroup Hukuk ve Mevzuat Ekibi, Kategori Personal Data Protection Law

  • Notification!

    The content in this article is for general information purposes only and belongs to CottGroup® member companies. This content does not constitute legal, financial, or technical advice and cannot be quoted without proper attribution.

    CottGroup® member companies do not guarantee that the information in the article is accurate, up-to-date, or complete and are not liable for any damages that may arise from errors, omissions, or misunderstandings that the information may contain.

    The information presented here is intended to provide a general overview. Each specific case may require different assessments, and this information may not be applicable to every situation. Therefore, before taking any action based on the information provided in the article, it is strongly recommended that you consult a competent professional in the relevant fields such as legal, financial, technical, and other areas of expertise. If you are a CottGroup® client, do not forget to contact your client representative regarding your specific situation. If you are not our client, please seek advice from an appropriate expert.

    To reach CottGroup® member companies, click here.

About The Author

/tr/mevzuat/item/anayasa-mahkemesi-kisisel-verilerin-korunmasi-hakkinin-ihlal-edildigine-karar-verdi

Diğer Mevzuatlar