Yet not, it decision consists of of several issues which can be offered to problem

Because transborder transfer of data off Turkey concerns of a lot concerns in practice together with Board cannot publish the menu of regions which have suitable amount of coverage, it is commercially impractical to make sure conformity on laws occasionally. This case written a hope the Board wouldn’t pick on the a citation of transborder transmits and you may won’t demand management penalties and fees in latest standards. Yet not, contrary to so it assumption, the brand new Board implemented a large amount of management good towards Craigs list Chicken considering a number of abuses, including the citation regarding your transborder transfer regarding private information.

Some of the criticised items would be summarized as follows:

In this Panel azon Chicken, just https://kissbrides.com/romanian-women/lumina/ like the controller, had submitted its undertakings to the Board with the authorization of the newest alarmed transborder transfers out of personals studies, nevertheless the Board hadn’t yet selected this issue. Therefore, it had been underlined of the Board your just courtroom solution to have Craigs list Turkey’s transborder transmits out-of private information was to see the fresh new explicit consent of your worried data topic. It had been figured the procedure with Auction web sites didn’t include explicit consent and you can wasn’t in conformity to the procedure set forth by PDP Laws.

The current rules hence Panel choice are derived from Turkey’s government coverage for the making certain that information is organized in nation.

1. The newest Board’s slim and literal interpretation of one’s PDP Law, its inability to adopt the law overall, and its incapacity to be the cause of worldwide conventions properly enacted into the accordance which have Article ninety of your own Composition, especially the Conference 108 in addition to Most Process 181.
2. The fresh new Board’s greeting away from explicit agree because the simply relevant process in transborder transfers of personal data and its own conflict having the fresh Board’s other behavior and you can direction of one’s Authority.
3. The new impossibility away from transborder transmits regarding information that is personal solely toward foundation of one’s explicit consent of your own concerned study topic, specifically for highest-size companies otherwise businesses with quite a few teams otherwise associations abroad.
4. The fresh new Board’s refusal to post the list of regions having suitable levels of security for many years, but being able to make particularly choices, in the event it will not fulfil a unique responsibility, which constitutes one of several cornerstones for legal conformity when you look at the transborder transfers.
5. The fact that the fresh new Panel failed to authorize people transborder transfers in registered endeavors, in addition to Auction web sites Turkey’s application, to the date of your own choice .

step three.4. Panel choice towards Meeting 108

This choice try out of type of advantages because of the Board’s translation away from just how Meeting 108 and additional Method 181 is used inside the residential laws.

While the mechanism having the fresh explicit concur of your study topic to possess transborder transmits of the personal information is hard for the habit, it actually was chatted about if personal data is transferred to the fresh new hiring says in accordance with the first laws within the Blog post several(2) of one’s Conference 108. Just like the Board hadn’t launched this new countries having compatible membership off coverage, it absolutely was debated you to definitely pursuant for the Convention 108, it absolutely was possible to look at the private investigation transmits with the employing claims of one’s Convention 108 since lawful. Furthermore, the fresh new transborder import design included in the Board’s most recent Tip for the Transborder Transfer away from Information that is personal supported so it interpretation.

In this situation, the appropriate control said one to as the individual organization of your personal information was at an eu condition, which had been also an employing state out of Meeting 108 and extra Process 181, it transborder import regarding private information was legitimate pursuant to your Summit 108, Extra Method 181 and you may Blog post 90 off Structure and cannot be at the mercy of any ban otherwise special authorisation.