not, which decision consists of of a lot aspects that will be offered to grievance

Due to the fact that transborder transfer of data out of Turkey comes to many uncertainties used while the Board cannot publish the list of regions having suitable level of coverage, it is theoretically impractical to verify compliance into the rules in some cases. This case written an expectation that Board won’t choose into a violation of transborder transfers and you can wouldn’t enforce administrative fees and penalties within the current standards. But not, contrary to it expectation, the newest Board imposed most administrative okay with the Amazon Chicken considering a series of violations, such as the ticket concerning your transborder transfer from information that is personal.

Some of the criticised issues is going to be described as follows:

Inside Panel azon Poultry, since control, had recorded their efforts for the Board on the agreement out of the fresh alarmed transborder transfers from personals research, although Panel hadn’t yet , chosen this issue. For this reason, it actually was underlined because of the Board that the only courtroom alternative to have Amazon Turkey’s transborder transfers regarding personal information was to receive brand new direct consent of the alarmed data topic. It actually was determined that the process accompanied by Craigs list didn’t consist of explicit consent and was not during the conformity to your procedure set forth because of the PDP Law.

The current guidelines and therefore Panel choice are derived from Turkey’s bodies rules towards the making certain that data is managed for the nation.

1. The brand new Board’s thin and you can literal translation of your own PDP Law, its failure to look at legislation total, and its particular incapacity to account fully for globally events duly introduced within the accordance with Post 90 of your Structure, particularly the Meeting 108 and the Extra Protocol 181.
2. The newest Board’s greet away from specific agree as the only relevant apparatus for the transborder transmits of personal data and its particular argument that have this new Board’s most other choices and direction of one’s Power.
3. The new impossibility regarding transborder transfers away from personal information exclusively on the foundation of the explicit concur of one’s worried study subject, specifically for higher-level organizations otherwise organizations with quite a few teams otherwise relationships abroad.
4. New Board’s refusal to publish the list of places with appropriate levels of cover for many years, but its ability to generate such as for instance conclusion, if this doesn’t complete its very own obligations, hence constitutes one of many foundations to possess court compliance into the transborder transfers.
5. The truth that the newest Board did not authorize people transborder transmits according to the recorded undertakings, together with Auction web sites Turkey’s app, towards date of one’s decision .

step three.cuatro. Panel choice for the Summit 108

This choice is out of type of pros considering the Board’s interpretation of how Convention 108 and extra Protocol 181 are going to be applied inside the domestic rules.

Due to the fact procedure of having the newest direct consent of analysis topic for transborder transmits of information that is personal is tough in the behavior, it was talked about whether personal data will be gone to live in the brand new hiring says according to research by the basic rule in the Blog post a dozen(2) of one’s Conference 108. Since the Board had not established this new places with compatible profile from defense, it was contended you to pursuant into Discussion 108, it absolutely was you’ll be able to to consider the non-public study transmits on the employing claims of one’s Summit 108 due to the fact lawful. Also, this new transborder import scheme within the Board’s newest Rule into the Transborder Transfer off Information that is personal supported so it interpretation.

In this case, why do Samara girls have a sexy voice the appropriate controller stated that while the recipient business of the personal data was a student in an eu county, which was along with a hiring condition regarding Summit 108 and additional Method 181, so it transborder import from personal data try legitimate pursuant on the Conference 108, Even more Process 181 and Blog post ninety out of Constitution and should not getting subject to one prohibition or special authorisation.