Av. Sevcen CAN & Av. Yasemin ÇORAK
In our previous articles, we explained the conditions for processing of personal data (Please see…) and sensitive personal data (Please see…) to the Law on the Protection of Personal Data (“LPPD” or “Law”). In this article, we will explain transfer of personal data.
The Law has made a dual distinction regarding transfer of personal data; transfer inside Turkey and transfer abroad.
1) Transfer of Personal Data Inside Turkey
There is no difference between the conditions for processing personal data and transferring personal data inside Turkey. Personal data can only be transferred with the explicit consent of the data subject, in the manner as data processing. However, legal processing of personal data does not mean that it can be transferred without constraint. For transferring personal data, one of the following conditions must be met;
– Explicit consent must be given by the data subject,
– It must be mandatory for the protection of life or to prevent the physical injury of a person, in cases where that person cannot express consent or whose consent is legally invalid due to physical disability,
– Processing of personal data belonging to the parties of a contract must be necessary provided that it is directly related to the conclusion or fulfilment of that contract.
– It must be mandatory for the controller to fulfil its legal obligations.
– The data must be made manifestly public by the data subject.
– It must be mandatory for the establishment, exercise or protection of any right.
– It must be mandatory for the legitimate interests of the controller.
Any natural or legal person who transfer the personal data must comply with the purpose and method relating to the processing of personal data.
In our next article, we explain transfer of personal data abroad; (Please see…)