IV.Proportionality Approach of the Turkish Constitutional Court and Turkish Council of State to Data Processing Issues
The right to protection of personal data is enshrined in Article 20 of the Turkish…
Article 4 of Law No. 6698, governs the “general principles” of personal data processing…
The Turkish Constitutional Court and the Council of State’s sense of proportionality…
Two legal regulations concerning the processing of personal data appertaining to…
The first case was about transferring personal data of someone who applied to healthcare…
Another case concerns processing the biometric data of a social security insurant…
Lastly, in a recent judgment, the constitutionality of an amendment to the Electronic…
It can be seen in the Constitutional Court’s case law on proportionality in cases…
We now look at the Council of State’s case-law:…
In a case concerning the retention of personal data; the petitioner, previously working…
It is undisputable that keeping the petitioner’s record constitutes an interference…
Several cases concerning monitoring the time and attendance of civil servants have…
In another case, after pointing to the same considerations on a legal basis, procedural…
Whereas in another case – which was also about civil servant time and attendance…
While the Council of State declared another case about time and attendance management…
As one can see, besides this conflict in case-law, the main point is that the Council…
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