PERSONAL DATA PROTECTION IN TURKEY – ENFORCEMENT OF CRIMES AND MISDEMEANOURS REGARDING PERSONAL DATA

Av. Sevcen CAN & Av. Yasemin ÇORAK

In our previous article, we explained the complaint to the Board. (Please see the related articles…). In our this article, we finally explain the enforcement of crimes and misdemeanours regarding personal data.

The enforcement of crimes concerning personal data are regulated in Articles 135-140 of Turkish Penal Code No. 5237. Accordingly, Turkish Penal Code shall apply in terms of crime concerning personal data. We will share detailed information regarding this issue in our another article. In this article, we only explain misdemeanours.

Those who breach the Law shall be required to pay varying amounts of administrative fine. Amounts of stipulated fines are;

a) For those who fail to comply with obligation to inform; administrative fine of 5.000 to 100.000 TL,

b) For those who fail to comply with obligations related to data security; administrative fine of 15.000 to 1.000.000 TL,

c) For those who fail to comply with the decisions issued by the Board; administrative fine of 25.000 to 1.000.000 TL,

ç) For those who fail to meet the obligations for enrolling in the Registry of Data Controllers; administrative fine of 20.000 to 1.000.000 TL.

The administrative fines listed in this article shall be applicable to natural persons and private law legal persons who are controllers.

                                                                                                                                                       

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