European Court of Human Rights Case Law on Protection of Personal Data : Reassessment of Republic of Turkey Cases in Light of Turkey’s Data Protection Law

Gültekin Várkonyi, Gizem (2017) European Court of Human Rights Case Law on Protection of Personal Data : Reassessment of Republic of Turkey Cases in Light of Turkey’s Data Protection Law. STUDIA JURIDICA ET POLITICA JAURINENSIS, 4 (2). pp. 36-49. ISSN 2064-5902

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Abstract

Protection of Personal Data is one of the newest right developed within the Right to Privacy. This fundamental right has been perceieved mostly as a European value giving as a reason that it has been continuesly develop-ing under the European legal framework. Turkey also follows European heritage of human rights as one of the member of the Council of Europe and European Union candidate country. Recognition of personal data pro-tection as a single fundamental right was a late action of Turkey. For this reason, some of the data potection cases could not solved in Turkey’s jurisdiction, but were referred to the European Court of Human Right. If there was well-grounded data protection law before, the cases could be solved quicker and more in favor of Plaintiffs.

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