Elektronik haberleşme alanında kişisel verilerin özel hukuk hükümlerine göre korunması

Abstract

The first international step in the area of the protection of personal data was taken by OECD and United Nations. Subsequently, European Union implemented the Data Protection Directive which is a general regulation in the area of the protection of personal data. After this Directive, Directive for the protection of personal data in the telecommunications sector and Directive for the protection of personal data and privacy in the electronic communications sector were implemented. Directive for the protection of personal data and privacy in the electronic communications sector is the combination of the other Directives. In this Directive, there are regulations which will respond to many problems concerning the processing of personal data.The issue of the protection of personal data in the electronic communications sector is of great importance nowadays. Thanks to the technological developments, a great deal of increase and diversity are seen in the means of communication. Today, communication is provided by the private operators. Operators are processing personal data that belong to the subscribers within the framework of the contracts that they make with the subscribers. The usage of the collected personal data in the area of electronic communications can violate the individual rights of the subscribers as a result of unlawful behaviours of the operators. The usage of personal data in the subscription directories and in the advertisements of the operator without any permit of the subscribers and the marketing of big markets to the customer services can be shown as an example among the infringement ways.The protection of personal data pertains to the protection of privacy directly which is regulated in the article 24 of the Turkish Civil Code. Because personal data are information which provide the recognition of the subscribers and display their private lives. The unlawful processing of these data can violate the provisions of pre-contract responsibility, contract and tortious act. They can rely on the opportunities which are specified in the Turkish Civil Code. These cases are ?Declatory, Stopping, Preventive, Unjust Enrichment and Agency without Specific Authorisation Actions?. Civil suit for non-pecuniary damages and civil suit for pecuniary damages are the cases which stipulate fault. The parties can be either real persons or juridical persons. In order to file a suit, the rules of special competence specified in the Turkish Civil Code as well as the rules of general competence are applied.