Turkish Personal Data Protection Board – appointments completed
The Personal Data Protection Board of Turkey ("the Board") is ready to start its activities following the appoinment of the last two members (Murat Karaya and Hasan Aydin) by the Council of Ministers. The Board, consists of nine members in total.
The Board will commence activities in line with Personal Data Protection Law No. 6698 (the "Law") (as published in the Official Gazette No. 29677 dated 7 April 2016). This law on the protection of personal data has been, long-, with work dating back to 1981. Although Turkey was an initial signatory to the Convention for the Protection of Individuals with regard to the Automatic Processing of Personal Data, she has not passed a law on data protection since then and the Convention cannot become effective in respect of Turkey. In January 2016, to proceed with EU’s accession negotiations, the draft law -again with revisions- was submitted to Parliament for discussion leading to the ratification of the Law. One must note that, Directive Proposal 2012/0010/COD has not been taken into consideration in the adoption of the Law.
According to the Law, as of October 7, 2016, the establishment of the Personal Data Protection Board was expected; however, there were delays. The uncertainties as to the implementation of the regulations are still on the table for the law that that came into force on 7 October 2016.
With the resolution of the Grand National Assembly of Turkey dated October 5, 2016 and numbered 1129, five appointments were made to the nine-member Board. Later, on 16 December 2016 two of the remaining vacancies were assigned by Presidential Decree No 2016/103 and 2016/104. The Council of Ministers made the final two appointment on December 30, 2016.
The Board will can now begin its activities under the Law. It is anticipated that the Board will become active and that developments related to other obligations in the near future (such as the creation of a Data Account Register, Register Registration, etc. and secondary legislation)
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