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Manual On Good Administration Principles

Legal Basis

The principle of protection of personal data is based on the third paragraph
under Article 20 titled “Privacy of Private Life” of the Constitution.
Accordingly, “everyone has the right to request the protection of his/her
personal data. This right includes being informed of, having access to and
requesting the correction and deletion of his/her personal data, and to be
informed whether these are used in consistency with envisaged objectives.
Personal data can be processed only in cases envisaged by law or by the
person’s explicit consent. The principles and procedures regarding the
protection of personal data shall be laid down in law.”
Another basis of the principle of the protection of personal data is the
Law no. 6698 on the Protection of Personal Data, which aims at protecting
fundamental rights and freedoms of people, particularly the right to
privacy, with respect to processing of personal data and to setting forth
obligations, principles and procedures which shall be binding upon
natural or legal persons who process personal data.
Article 8 of the European Convention for the Protection of Human Rights
and Fundamental Freedom secures the right to respect for private and
family life. As a result of the judgements made by the European Court
of Human Rights, which supervises the implementation of the European
Convention on Human Rights and ensures the Convention to be a dynamic
document, the right to request for the protection of personal data is
secured by Article 8 above-mentioned.
Furthermore, the European Convention dated 28 January 1981 and
numbered 108 for the Protection of Individuals with regard to Automatic
Processing of Personal Data, which aims to secure in the territory of each
Party for every individual, whatever his nationality or residence, respect for
his rights and fundamental freedoms, and in particular his right to privacy,
with regard to automatic processing of personal data relating to him, was
transposed into our national law by being published in the Official Gazette
dated 17/03/2016 and numbered 29656 and envisaged basic principles
and rules for the protection of personal data.
In addition, Article 21 titled “Data Protection” of the European Code of
Good Administrative Behaviour sets forth that the official who deals with
personal data concerning a citizen shall respect the privacy and that the
official shall in particular avoid processing personal data for non-legitimate
purposes or the transmission of such data to non-authorised persons.

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