Abstract:

In KVKK No. 6698 m.3 the data controller is mentioned together with public legal persons, real persons and private legal persons. However, the lawmaker has provided for a difference between public legal entities and private law real and legal entities for administrative penalties to be applied for the violation of personal data. In KVKK m.18/2 it is stated that the penalties provided for under the law will be applied to the real persons and private legal entities who are data responsible. In accordance with the provisions of the law, if the actions subject to administrative sanctions are processed during the administrative activity, the Disciplinary provisions on the relevant public officials on the notification made by the Personal Data Protection Board will be applied. In the study, the issue of the application of disciplinary sanctions on public officials in case of personal data breaches will be addressed instead of the administrative penalty for the data manager against the administration. In this context, the difference between the legal basis of the application of administrative penalty against the administration, the disciplinary sanction and the legal value protected by administrative penalty and the effectiveness and oppressivity of the application of disciplinary penalty in the protection of personal data in accordance with the provisions of KVKK m.18/3 will be discussed. Then, taking into account the problems that occur in cases of administrative penalty against the administration, it will be attempted to answer the question of what can be done for an effective solution.

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