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

Av. Sevcen CAN & Av. Yasemin ÇORAK

In our previous articles, we explained the issues regulated in the Law on the Protection of Personal Data (Please see the related articles…). In 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. Regarding this we will share detailed information in our another article. Herein, 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 5.000,00 to 100.000,00 TL,

b) For those who fail to comply with obligations related to data security; administrative fine of 15.000,00 to 1.000.000,00 TL,

c) For those who fail to comply with the decisions issued by the Board; administrative fine of 25.000,00 to 1.000.000,00 TL,

ç) For those who fail to meet the obligations for enrolling in the Registry of Data Controllers; administrative fine of 20.000,00 to 1.000.000,00 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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