Turkey – Definition of personal data examined by Turkish Constitutional Court
Published 1 February 2016
What does this cover?
In a recent case (decision number 2015/32) before the Turkish Constitutional Court (the Court) a party claimed that the definition of personal data violated the right to privacy (Art 20) and the principle of legality (Art 38) under the Constitution due to the definition not being clear or limited in its scope. The definition appears at Article 136(1) of the Criminal Code (the Code).
This argument was rejected by the Court who highlighted the difficulties encountered when legislating at a time of such rapid technological development, and as such that the definition in the Code could not list each type of information considered to be personal data.
To view the full text of the Constitutional Court decision, please click here (Turkish).
What action could be taken to manage risks that may arise from this development?
The definition of personal data according to the Code remains wide and organisations operating in Turkey should ensure any data that could fall within this definition is being dealt with in line with legal requirements.