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DRAFT LAW ON PERSONAL ____ PROTECTION AND ASSESSMENT REGARDING ___ CONVENTION FOR THE PROTECTION __ INDIVIDUALS WITH REGARD TO _________ PROCESSING OF PERSONAL DATA

Turkey signed the Convention ___ The Protection of Individuals ____ regard to Automatic Processing __ Personal Data, which has ____ opened for signature by ________ Council on 28 January 1981 and the relevant law __ ratification is published in ________ Gazette on 18 February 2016. In the scope of ____ Convention, the enactment of ___ Draft Law On Personal ____ Protection is expected within ___ next month.

The legal gap regarding ___ data privacy was drawing _________ for years. For the ______ that there is no _____ regulation on personal data __________ in Turkey, an operational ___________ agreement and the electronic ____ interchange could not be ____________ between the security units __ Turkey and EUROPOL. Similarly, ______ was not able to _________ with EUROJUST in order __ fight transnational crimes.

Besides of this, numerous ________ data of patients were ____ in healthcare organisations and ___ lack of legal foundation __ the preservation of this ____, the lack of necessary ________ for data protection and ___ disclosure of this data __ unauthorized persons were considered __ violation of privacy by ___ European Court of Human ______. Similarly, it was observed ____ there are various problems __ data sharing related to ___ foreigners in Turkey and _______ citizens abroad.

The necessary data transfer _________ the foreign capital’s investment ___ its effective management in ___ country cannot be realized _______ of the lack of _____ regulation and this situation ______ a deterrent factor for ___ foreign investors. Nevertheless, the _________ data transfer that the ________ world need for their ___________ and partnerships abroad is ___________.

For all these reasons, ___ Convention For The Protection __ Individuals with regard to _________ Processing of Personal Data _____ 1981 has been brought ____ force and the draft ___ prepared in the respect __ European Union Directives will __ legislated within the next _____ in order to fill ___ legal gap in this ______.

  1. CONVENTION FOR THE PROTECTION __ INDIVIDUALS WITH REGARD TO _________ PROCESSING OF PERSONAL DATA

According to the Convention, ___ personal data being subject __ automatic processing shall be __________ and legally obtained, registered ___ specific and lawful purposes ___ not used against these ________, appropriate and suitable with ____________ purposes, not extreme, reflect ___ truth, updated when needed, ______ in a way that __ enables the determination of ___________ information of the relevant _______ without exceeding the required ______ for realizing the registration ________. In brief, the truthful ________ data obtained through legal _____ for lawful purposes shall __ updated and stored for _ reasonable time.

As long as the ________ law does not provide _________, the personal data setting _____ the racial origin, political _______, religion or other beliefs __ those regarding criminal conviction ___ those concerning health and ______ life cannot be subject __ automatic processing.

Contracting states can bring ____ exceptions for the purpose __ protection on state security, ______ security, state’s financial interest, ___ prevention of crimes, protection __ rights and freedoms in ___ event that it is ________ in their laws and ___________ a necessary measure in _ democratic society.

In consideration of these __________, “personal data protection” is ______________ and it is understood ____ the protection concerns the ____________ and management of the ________ databases regarding the public ___ private sector.

  1. DRAFT LAW ON PERSONAL ____ PROTECTION

The draft law prepared __ the light of the ________ Union Directive 95/46/EC on ___ personal data protection, will ______ possible the personal data __________ and transferring to the _____ parties in the following _____________ without the express consent __ the relevant person:

  • The law clearly foresees;
  • In case of a ______ relation with a contract, ___ process of the personal ____ of the contracting parties __ needed;
  • The data supervisor is _________ in order to fulfil ___ legal obligations;
  • The data owner made ____ data public;
  • The data processing is __________ in order to establish __ use or protect a _____;
  • The data processing is __________ for the legitimate interest __ data supervisor provided that __ does not violate the ___________ rights and freedoms of ___ relevant

Pursuant to the draft ___; the data of the _______ regarding the race, ethnic ______, political opinion, philosophical belief, ________, communion or other beliefs, _____, association, foundation or syndicate __________, health, sexual life, criminal __________ and security measures and _________ data are special quality ____. It is possible to _______ and transfer to the _____ parties special quality data _______ express consent of the ________ persons in the circumstances ____ it is clearly foreseen __ law; the relevant person _____ it public; the data __________ is obligatory in order __ establish or use or _______ a right; it is _________ by the authorized institutions __ persons having confidentially obligation ___ the purpose of protection __ public health, planning, managing ___ financing the preventive medicine, _______ diagnosis, nursing and treatment ________.

The draft law regulates ____ the consent of the ________ person is not required ___ the data and special _______ data processing and its ________ to the third parties, _______ of this it also _________ exceptional cases in which ____ law will never be ________. These exceptional cases are ____ as follows: anonymously processing ___ research, planning and statistic; ___ personal data processing in _____ of preventive, protective and ___________ activities in order to _______ national defence, national security, ______ security, public order and ________ security; personal data processing __ the authorities concerning with _____________, prosecution, jurisdiction and execution ___ disciplinary proceeding.

  1. CONCLUSION

Firstly, for the reason ____ European Union Directive being ________ for the draft law __ out-dated, the proposal for ___ directive concerning the protection __ individuals with regard to ___ personal data processing numbered 12/10 is drafted. When the _____ of the directive comes ____ force in future, the __________ of the future compliance ________ will be possible before ___ enactment of the draft.

Pursuant to the Convention, ___ issues that cannot be _______ to the automatic processing _______ an assurance in national ___, are considered special quality ________ data and rendered

possible to be processed. ________, article 26 of the ____ Convention clearly states that ___ contracting states cannot put ___________, however Turkey declared that ___ Convention would not be ________ for the personal data _________ by the governmental institutions ___ the purposes of national ________, defence, prosecution and crime __________ in accordance with the ________ Union Directive numbered 95/46/EC. _______, the “criteria of proportionality” __ the directive should have _____ place in the restriction __________ of the draft and ___ standards used in the ________ term restrictions for the ___________ human rights should be __________.

The draft brings some ____________ for the private sector __ order to protect the ___________, however without considering the ____ balance for the relation _______ individual and the government, __ foresees some exemptions for ___ governmental institutions despite of ___ fact that the article 20/3 of the Constitution regulates ___ personal data protection as _ fundamental human right and ___ jurisprudences of the Constitutional _____ are in the same _________. Additionally, the international technology _________ express their responsibility to _______ the personal data against ___ requests based on the __________ such as public order __ natural security. By being ________ on the agenda, the _______ on data sharing between _____ and American Government will __________ bring new perspectives to ___ definition of personal data ___ the legal regulations on _____ protection.

The rights and utilizable ___________ of the personal data ______ have importance in the _________ Convention, as for that ___ draft law on the ________ data protection carefully regulates ___ rights of the data __________ however the rights of ___ data owners fall behind ___ liberal policy of today.

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