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    clear and easily accessible statement, provided by a data controller to the data subjects, about its practices

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    Principles of Data Protection

    Article 5 of the General Data Protection Regulation (GDPR) sets out key principles which lie at t

    Principles of Data Protection

    Article 5 of the General Data Protection Regulation (GDPR) sets out key principles which lie at the heart of the general data protection regime. These key principles are set out right at the beginning of the GDPR and they both directly and indirectly influence the other rules and obligations found throughout the legislation. Therefore, compliance with these fundamental principles of data protection is the first step for controllers in ensuring that they fulfil their obligations under the GDPR. The following is a brief overview of the Principles of Data Protection found in article 5 GDPR:

    Lawfulness, fairness, and transparency: Any processing of personal data should be lawful and fair. It should be transparent to individuals that personal data concerning them are collected, used, consulted, or otherwise processed and to what extent the personal data are or will be processed. The principle of transparency requires that any information and communication relating to the processing of those personal data be easily accessible and easy to understand, and that clear and plain language be used.Purpose Limitation: Personal data should only be collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. In particular, the specific purposes for which personal data are processed should be explicit and legitimate and determined at the time of the collection of the personal data. However, further processing for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes (in accordance with Article 89(1) GDPR) is not considered to be incompatible with the initial purposes.Data Minimisation: Processing of personal data must be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed. Personal data should be processed only if the purpose of the processing could not reasonably be fulfilled by other means. This requires, in particular, ensuring that the period for which the personal data are stored is limited to a strict minimum (see also the principle of ‘Storage Limitation’ below).Accuracy: Controllers must ensure that personal data are accurate and, where necessary, kept up to date; taking every reasonable step to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay. In particular, controllers should accurately record information they collect or receive and the source of that information.Storage Limitation: Personal data should only be kept in a form which permits identification of data subjects for as long as is necessary for the purposes for which the personal data are processed. In order to ensure that the personal data are not kept longer than necessary, time limits should be established by the controller for erasure or for a periodic review.Integrity and Confidentiality: Personal data should be processed in a manner that ensures appropriate security and confidentiality of the personal data, including protection against unauthorised or unlawful access to or use of personal data and the equipment used for the processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.Accountability: Finally, the controller is responsible for, and must be able to demonstrate, their compliance with all of the above-named Principles of Data Protection. Controllers must take responsibility for their processing of personal data and how they comply with the GDPR, and be able to demonstrate (through appropriate records and measures) their compliance, in particular to the DPC.

    स्रोत : www.dataprotection.ie

    Art. 13 GDPR – Information to be provided where personal data are collected from the data subject

    Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: the identity and the contact details of the controller and, where applicable, of the controller’s representative; the contact details of … Continue reading Art. 13 GDPR – Information to be provided where personal data are collected from the data subject

    Art. 13 GDPR

    Information to be provided where personal data are collected from the data subject

    Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information:

    the identity and the contact details of the controller and, where applicable, of the controller’s representative;

    the contact details of the data protection officer, where applicable;

    the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;

    where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party;

    the recipients or categories of recipients of the personal data, if any;

    where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available.

    In addition to the information referred to in paragraph 1, the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing:

    the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;

    the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability;

    where the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;

    the right to lodge a complaint with a supervisory authority;

    whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data;

    the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

    Where the controller intends to further process the personal data for a purpose other than that for which the personal data were collected, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2.

    Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information.

    Suitable Recitals

    (60) Information Obligation (61) Time of Information (62) Exceptions to the Obligation to Provide Information

    ←Art. 12 GDPR Art. 14 GDPR→ GDPR Table of contents Report error

    स्रोत : gdpr-info.eu

    KİŞİSEL VERİLERİ KORUMA KURUMU

    0312 216 50 00

    ALO 198 Data Protection Line Information Consultancy Center

    President’s Message Türkçe

    Personal Data Protection Law

    Personal Data Protection Law

    * This is an English translation. In case of any difference in meaning between the original Turkish text and the English translation, the Turkish text shall apply.            Law Number                                    : 6698            Date of Ratification                         : 24/3/2016            Published in Official Gazette          : Date: 7/4/2016 (DD/MM/YYYY) Number: 29677            Published on the Law                      : Order: 5       Volume Number: 57FIRST CHAPTER Purpose, Scope and DefinitionsPurposeARTICLE 1 – (1) The purpose of this Law is to protect fundamental rights and freedoms of persons, particularly the right to privacy, with respect to processing of personal data and to set forth obligations, principles and procedures which shall be binding upon natural or legal persons who process personal data.ScopeARTICLE 2 – (2) The provisions of this Law shall apply to natural persons whose personal data are processed and to natural or legal persons processing such data wholly or partially by automated means or by non-automated means which provided that form part of a data filing system.Definitions ARTICLE 3 – (1) For the purposes of this Law:

    “Explicit consent” means freely given, specific and informed consent,

    “Anonymization” means rendering personal data impossible to link with an identified or identifiable natural person, even through matching them with other data,

    “President” means President of the Personal Data Protection Authority,

    (ç) “Data subject” (natural person concerned) means the natural person, whose personal data are processed,

    “Personal data” means any information relating to an identified or identifiable natural person,

    “Processing of personal data” means any operation which is performed on personal data, wholly or partially by automated means or non-automated means which provided  that form part of a data filing system, such as collection, recording, storage, protection, alteration, adaptation, disclosure, transfer, retrieval, making available for collection, categorization, preventing the use thereof,

    “Board” means the Personal Data Protection Board,

    “Authority” means the Personal Data Protection Authority,

    (ğ) “Data Processor” means the natural or legal person who processes personal data on behalf of the data controller upon its authorization,

    “Data filing system” means the system where personal data are processed by being structured according to specific criteria,

    (ı) “Data Controller” means the natural or legal person who determines the purposes and means of processing personal data and is responsible for the establishment and management of the data filing system.

    CHAPTER TWOProcessing of Personal Data General PrinciplesARTICLE 4 – (1) Personal data shall only be processed in compliance with procedures and principles laid down in this Law or other laws.

    (2) The following principles shall be complied within the processing of personal data:

    a) Lawfulness and fairness

    b) Being accurate and kept up to date where necessary.

    c) Being processed for specified, explicit and legitimate purposes.

    ç) Being relevant, limited and proportionate to the purposes for which they are processed.

    d) Being stored for the period laid down by relevant legislation or the period required for the purpose for which the personal data are processed.

    Conditions for processing personal dataARTICLE 5 – (1) Personal data shall not be processed without explicit consent of the data subject.

    (2) Personal data may be processed without seeking the explicit consent of the data subject only in cases where one of the following conditions is met:

    a) It is expressly provided for by the laws.

    b) It is necessary for the protection of life or physical integrity of the person himself/herself or of any other person, who is unable to explain his/her consent due to the physical disability or whose consent is not deemed legally valid.

    c) Processing of personal data of the parties of a contract is necessary, provided that it is directly related to the establishment or performance of the contract.

    ç) It is necessary for compliance with a legal obligation to which the data controller is subject.

    d) Personal data have been made public by the data subject himself/herself.

    e) Data processing is necessary for the establishment, exercise or protection of any right.

    f) Processing of data is necessary for the legitimate interests pursued by the data controller, provided that this processing shall not violate the fundamental rights and freedoms of the data subject.

    Conditions for processing of Special categories of personal dataArticle 6 - (1) Personal data relating to the race, ethnic origin, political opinion, philosophical belief, religion, religious sect or other belief, appearance, membership to associations, foundations or trade-unions, data concerning health, sexual life, criminal convictions and security measures, and the biometric and genetic data are deemed to be special categories of personal data

    स्रोत : www.kvkk.gov.tr

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