Özet:

The Law on the Protection of Personal Data No. 6698 the concept of personal data is defined in art. 3/1-d. According to this article, “any information relating to an identified or identifiable natural person” is personal data. The legislator did not clearly limit what personal data consists of, and preferred that the scope be determined by the practice. Misdemeanors are regulated in the Misdemeanor Law and other special laws. Whether an act included in special laws is a misdemeanor is determined according to the sanction envisaged in return. In this context, applying an administrative sanction for an injustice shows that it is a misdemeanor. The legislator considers some violations of the right to protection of personal data as heavy. It regulates it as a crime between 135-138. These crimes include recording personal data (art. 135), illegally giving or seizing data (art. 136), and destroying data (art. 138). On the other hand, based on the principle that criminal law is a last resort, it considered it sufficient to regulate some forms of violations as misdemeanors. Thus, while some of the violations regarding the protection of personal data require punishment, some other violations require administrative sanctions. In Article 18 of the Personal Data Protection Law, misdemeanors regarding personal data are regulated. These; failure to fulfill the obligation of disclosure, failure to fulfill obligations regarding data security, failure to fulfill the decisions made by the board, and violation of the obligation to register and notify in the data controllers registry.

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