The Draft Law

The draft law on amending the provisions of certain Turkish laws and decrees (“Draft Law”), as proposed by the Ministry of Finance, was made public on September 27, 2017. The full draft law is available on the web site of the Turkish Grand National Assembly (http://www2.tbmm.gov.tr/d26/1/1-0884.pdf, only in Turkish).

Amendments to Data Protection Law

Articles 123 through 126 of the Draft Law include amendments linked to the Law on the Protection of the Personal Data (“DPL”), with the number 6698.

According to the Draft Law:

i. Article 123 and 125 of the Draft Law states that a fee for the Data Controllers’ Registry is to be introduced for data processors, and the fee shall be collectable upon registry to the Data Controllers’ Registry (DPL, article 16 and 29). Before the Draft Law, the DPL was not referring to any fee, as a result of registration to the Data Controllers’ Registry. Briefly, the referenced articles were mentioning data processors’ obligation to enroll to the Data Controllers’ Registry and the application process;

ii. Article 124 of the Draft Law states that, in addition to the general public officers, prosecutors and judges may be appointed to work at the Data Protection Authority on a temporary basis (DPL, article 27). Prior to the Draft Law, the DPL were not specifically mentioned that prosecutors and judges may be employed by the Data Protection Authority; and

iii. Article 126 of the Draft Law states the qualifications for general submissions in order to be appointed as an data protection expert at the Data Protection Authority (e.g. required to at least achieve seventy points from foreign language level test and required to be younger than forty years old, etc.) (DPL, temporary article II). Before the amendment there were no explicit requirements defined for being appointed as an data protection expert at the Data Protection Authority.