Kişisel verilerin ihlalinden doğan özel hukuk sorumluluğu

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Thesis Type: Postgraduate

Institution Of The Thesis: İstanbul Ticaret University, Sosyal Bilimler Enstitüsü, ÖZEL HUKUK ANABİLİM DALI, Turkey

Approval Date: 2023

Thesis Language: Turkish

Student: ZEHRA YÜRÜK

Supervisor: ŞEKER MUZAFFER

Open Archive Collection: AVESIS Open Access Collection

Abstract:

The need to protect data in all areas of our lives is increasing daily, due to technological developments. Since personal data is accepted as the new monetary value of commerce, it causes a serious "data mining" race between companies. For this reason, it is of great importance for states and people to process and protect personal data by the law. With Law No. 6698 on the Protection of Personal Data, the opportunity for the related person to apply to the data controller and the Personal Data Protection Board has been regulated. However, this regulation does not prevent the related person from filing a lawsuit by applying to judicial or administrative authorities through general provisions. In this respect, the subject of our study is the processing conditions of personal data and the remedies that can be resorted to within the scope of private law in case of violation of these conditions. In the relevant parts of our study, the provisions of the Code of Obligations, Turkish Civil Code, Directive 95/46/EC and the European Union General Data Protection Regulation are discussed in comparison with the Law on the Protection of Personal Data. At the same time, the concepts specific to the Law on the Protection of Personal Data, the general principles and conditions for the processing of personal data are explained in detail within the framework of the Board decisions and the decisions of the European Court of Human Rights.