How Should the Security of Personal Data Be Ensured in E-Exports?

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The security of personal data does not only cover the internet.

Even though the protection of personal data is not only limited to the Internet, it becomes more important than ever, because many personal details from ID numbers to contact details are shared especially in online transactions. As personal details are frequently shared through online shopping or different social media platforms, many countries have taken regular precautions within the past few years.

As demanding protection on personal details shared online is among people’s fundamental rights, governments aim to keep personal data under control by taking many steps accordingly. What is the last news in Turkey regarding this matter? What is happening around the world? To what extent the protection of the personal data can be provided? Here are the answers.

What Do Personal Data and the Protection of Personal Data Mean?

Personal data can basically be defined as the general term for all the information about individuals who are or can be identified. The protection of personal data, on the other hand, prevents third parties accessing these information and using them for their own benefits.

As expected, it is not easy to provide protection all the time, as the Internet is a wide scoped platform with countless layers. For this reason, the whole world, especially developed countries like EU countries and the USA are often trying to keep this matter under control as much as possible with frequently developed regulations.

Protection of Personal Data in Turkey and the World

EU countries are keeping the protection of personal data under control through a wide-scoped directive. The set of rules, called “The Directive on the Protection of Real Persons and Free Data Traffic During the Personal Data Processing”, also creates a resource for the KVKK (The Law on the Protection of Personal Data), which is effective in Turkey.

According to this directive and law, personal data can only be processed with the consent of the individual, and not only the name, surname, birthplace, birth date, but also physical, psychological, economic, cultural and social data are also included in this personal data. Moreover, a written agreement is signed in the developed countries like the United Kingdom, Germany, and the USA in order to transfer the personal data to third parties. That is to say, when individuals accept that their personal data can be shared on an online platform, this does not necessarily mean that they consent their data being shared with different people and institutions. For this method, mediators often use, there needs to be an additional consent from the person in question.

Roaming of Personal Data Internationally

Even though there is not a particular regulation regarding the protection of personal data in every country today, there are certain regulations that demand respect for the private life of individuals within the frame of constitutions. Prior to the Law on the Protection of Personal Data, which has been made effective in 2016 and is based on EU directives, personal details were protected through “Protection of Privacy And Confidentiality”. Therefore, it is vital to note that many other countries like Turkey have particular and general laws to protect personal data.

Especially when topics like eCommerce and Crossborder eCommerce are added to the agenda, the roaming of personal data internationally requires some consents after KVKK (The Law on the Protection of Personal Data). These steps are required to be the approved by the individual in question, and then the personal data can be shared with other countries.

Apart from these consents that can be given online unless there is a specific case, the personal data can be shared with other countries without the consent of the individual under the conditions the Information And Communication Technologies Authority (BTK) deem suitable due to the reasons of high importance, such as national or international security.

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