Operating rules have now been announced for Turkey’s Personal Data Protection Board (“Board”). The Regulation on Working Procedures and Principles of the Personal Data Protection Board (“Regulation”) outlines details of the Board’s operational procedures, duties, authorities and responsibilities. Notably, Board decisions must be notified to interested parties and if the Board deems necessary, such decisions may be announced to the public.
The Board is the main decision-making authority under the Law on Protection of Personal Data number 6698 (“Law“). The Board’s duties and authorities are outlined under Article 22 of the Law and are also repeated in the Regulation.
However, the Regulation also states that the Board is responsible for:
– Determining sectoral implementation guidelines for the protection, processing and safety of personal data.
– Establishing procedures and principles for accreditation, certification, training and guidance.
– Making and carrying out domestic and international projects related to personal data protection.
– Informing institutions and organizations about personal data protection and to carrying out public awareness activities.
– Carrying out cooperation and coordination studies with universities and other relevant domestic and foreign institutions and organizations.
Unless otherwise agreed, Board meetings will be confidential and nobody can attend meetings, except for personnel assigned to organize such meeting with the Chairman and members of the meeting. The Chairman can invite related parties or representatives to Board meetings, if necessary. However, Board decisions will not be made before such people.
The Board is authorized to make decisions within the scope of data protection related legislation on matters that are not specifically stipulated or clarified in the Regulation, as well as regulate and implement the Law’s application.
The Regulation was published in Official Gazette number 30242 on 16 November 2017, entering into effect on the same date. Please see this link for the full text of the Regulation (only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.
Article co-authored by Ülkü Solak