not, it decision include of many points that are open to problem

Because transborder transfer of information away from Turkey comes to of many uncertainties in practice additionally the Panel will not publish the list of nations which have suitable number of coverage, it is commercially impossible to make sure conformity on the law occasionally. This situation authored a hope the Board wouldn’t pick for the a pass out of transborder transmits and you may wouldn’t enforce management penalties and fees under the current requirements. But not, in contrast to this presumption, the fresh new Board enforced a good number of management okay on Craigs list Turkey predicated on a few violations, such as the admission regarding the transborder import off personal information.

A few of the criticised items is going to be summarized below:

Inside Panel azon Turkey, because controller, got recorded its endeavors into the Board on the agreement out-of brand new alarmed transborder transfers out of personals investigation, however the Panel hadn’t yet , chosen this problem. For this reason, it absolutely was underlined of the Panel your best courtroom option for Craigs list Turkey’s transborder transmits of personal information would be to receive the fresh direct consent of one’s alarmed investigation subject. It absolutely was figured the process accompanied by Auction web sites don’t consist of explicit consent and you can wasn’t within the compliance for the process set forth because of the PDP Rules.

The modern laws and that Board choice depend on Turkey’s government policy to the making certain that data is organized inside nation.

1. The new Board’s slim and you can literal interpretation of the PDP Rules, their inability to adopt what the law states as a whole, and its particular inability in order to account for international events duly passed from inside the accordance with Article ninety of your own Composition, particularly the Summit 108 and the More Process 181.
2. The Board’s allowed out of specific agree just like the merely appropriate method in transborder transfers of your information that is personal and its own conflict which have the latest Board’s most other conclusion and you can advice of your own Authority.
3. The impossibility out of transborder transfers away from personal information entirely into basis of your direct concur of your worried data topic, particularly for higher-measure organizations otherwise businesses with many different teams otherwise connections abroad.
4. This new Board’s refusal to publish the menu of countries that have compatible levels of defense for many years, however, its ability to generate for example choices, whether it does not complete its own obligations, and therefore comprises one of several cornerstones for court conformity within the transborder transfers.
5. That the fresh new Board didn’t authorize people transborder transfers beneath the registered undertakings, and additionally Craigs list Turkey’s software, for the time of your decision .

3.cuatro. Board choice to the Discussion 108

So it choice try of form of advantages considering the Board’s translation away from exactly how Convention 108 and extra Method 181 would be applied inside home-based rules.

Just like the procedure having the newest explicit concur of your own analysis topic having transborder transmits of the personal information is hard from inside the routine, it actually was discussed if private information is moved to the new employing states according to research by the earliest signal when you look at the Post a dozen(2) of the Seminar 108. Because Panel had not established the newest countries having appropriate membership out-of coverage, it actually was debated one pursuant to the Discussion 108, it was possible to take on the non-public investigation transmits into employing states of your own Meeting 108 while the lawful. Additionally, the new transborder transfer program within the Board’s newest Guideline to your Transborder Transfer off Personal information supported so it interpretation.

In this instance, the relevant control stated you to because individual team of one’s personal information was at an european union state, which had been and an employing condition out of Seminar 108 and extra Method 181, this transborder import from personal information is legitimate pursuant towards Meeting 108, Additional Method 181 and Blog post 90 away from Composition and should not be subject to people prohibition otherwise unique authorisation.