Due to the fact that transborder transfer of data away from Turkey comes to many uncertainties in practice additionally the Panel cannot publish the list of places with compatible number of safeguards, it has become officially impractical to verify compliance on the rules oftentimes. This case written an expectation that the Panel won’t choose for the an admission out of transborder transmits and won’t demand management fees and penalties according to the newest conditions. not, as opposed to it presumption, brand new Panel imposed a great number ecuadorian varme kvinner of management good towards the Craigs list Turkey considering a series of abuses, such as the solution regarding your transborder transfer out-of information that is personal.
A few of the criticised issues can be described the following:
Inside Board azon Chicken, as operator, got filed their efforts to your Panel into the authorization regarding the newest worried transborder transfers of personals investigation, however the Board had not yet , selected this dilemma. Hence, it actually was underlined by the Board your only legal alternative to possess Amazon Turkey’s transborder transfers out-of personal data would be to receive brand new direct consent of worried studies subject. It was figured the procedure with Amazon did not incorporate explicit concur and you will wasn’t into the conformity on process established by PDP Law.
The current laws and therefore Board choice depend on Turkey’s authorities coverage to the making certain info is managed into the country.
- The brand new Board’s thin and literal interpretation of one’s PDP Rules, their inability to consider regulations overall, and its incapacity to take into account in the world exhibitions properly passed during the conformity that have Blog post ninety of Constitution, especially the Convention 108 and the Extra Process 181.
- This new Board’s welcome off explicit agree as only applicable procedure for the transborder transmits of one’s information that is personal and its disagreement that have the fresh Board’s almost every other choices and you can advice of Power.
- The fresh new impossibility of transborder transmits of information that is personal exclusively with the base of direct agree of the worried investigation subject, especially for high-size organizations or people with quite a few professionals otherwise connectivity abroad.
- The fresh new Board’s refusal to create the menu of places which have appropriate degrees of defense for many years, but its ability to make such as for example choices, in the event it will not fulfil a unique obligation, and that constitutes among the many cornerstones to own courtroom conformity in the transborder transfers.
- The reality that new Panel didn’t authorize people transborder transmits according to the submitted efforts, in addition to Auction web sites Turkey’s software, on the date of your decision .
3.4. Panel decision to your Seminar 108
It decision is actually regarding types of strengths because of the Board’s translation regarding exactly how Conference 108 and extra Process 181 is going to be used inside the residential law.
As the device of obtaining the brand new explicit consent of your studies topic to possess transborder transmits of personal information is difficult for the habit, it had been talked about if or not personal information could well be transferred to the fresh contracting states in line with the earliest rule in Blog post 12(2) of your own Discussion 108. Just like the Board hadn’t established the new nations having appropriate levels from safeguards, it actually was debated one pursuant with the Conference 108, it had been you can easily to adopt the private studies transmits with the contracting claims of your own Summit 108 as legitimate. Moreover, the newest transborder import program as part of the Board’s latest Rule into the Transborder Import away from Personal data supported it interpretation.
In this instance, the appropriate operator advertised one because the receiver business of your personal information was in an european union condition, that has been along with a hiring condition from Meeting 108 and additional Method 181, this transborder transfer from information that is personal are lawful pursuant into Conference 108, A lot more Process 181 and you may Article 90 from Composition and should not be subject to any prohibition otherwise special authorisation.