Because transborder transfer of data away from Poultry pertains to of many uncertainties used and also the Board does not publish the menu of nations having compatible level of defense, it has become theoretically impractical to make certain conformity to your legislation in some instances. This situation composed an expectation that Board wouldn’t select towards a citation away from transborder transmits and wouldn’t impose administrative fines according to the current requirements. Although not, contrary to which expectation, the Board imposed most administrative great into the Amazon Turkey based on a number of violations, like the pass regarding your transborder transfer regarding private information.
Some of the criticised affairs can be described the following:
Within this Board azon Poultry, as the control, got recorded its undertakings with the Panel on the authorization from the alarmed transborder transfers out of personals research, however the Panel had not but really chosen this dilemma. Thus, it actually was underlined by Panel the best courtroom option having Craigs list Turkey’s transborder transmits out of information that is personal would be to get the newest direct consent of one’s worried analysis topic. It actually was determined that the procedure with Amazon did not have direct consent and you can wasn’t inside the compliance to the process set forth from the PDP Rules.
The present day laws and therefore Board choice are derived from Turkey’s bodies plan toward making certain that data is hosted from inside the country.
- The brand new Board’s narrow and you can exact translation of your own PDP Law, the failure to take on what the law states as a whole, and its failure do Porto women like americans? in order to take into account global events properly introduced in the conformity with Article 90 of your own Structure, especially the Discussion 108 therefore the Most Protocol 181.
- The newest Board’s invited out of direct concur while the only appropriate procedure in transborder transfers of your own information that is personal and its own conflict which have the latest Board’s other behavior and you can assistance of one’s Authority.
- This new impossibility off transborder transfers regarding personal data exclusively on foundation of explicit consent of your own worried study subject, specifically for highest-level people or organizations with several employees otherwise contacts abroad.
- The latest Board’s refusal to share the list of regions having suitable quantities of coverage for many years, however, its ability to make including decisions, if this doesn’t complete a unique duty, and that comprises among the many foundations to have legal compliance during the transborder transmits.
- That new Panel don’t approve one transborder transmits under the recorded endeavors, and Craigs list Turkey’s software, with the date of the decision .
step three.4. Panel decision towards the Meeting 108
It decision is actually of version of advantages due to the Board’s interpretation off how Seminar 108 and additional Process 181 can be applied when you look at the domestic laws.
Since process of experiencing the latest specific agree of one’s studies topic getting transborder transfers of your own personal data is tough from inside the routine, it had been discussed whether or not personal data is moved to the latest hiring states in line with the very first rule for the Blog post several(2) of the Meeting 108. Just like the Panel hadn’t revealed this new places that have compatible account regarding defense, it was argued one to pursuant toward Conference 108, it was you can to look at the non-public studies transmits towards hiring says of your Conference 108 just like the legal. Moreover, the fresh transborder import strategy included in the Board’s newest Tip with the Transborder Transfer regarding Information that is personal served it translation.
In this instance, the relevant controller said you to since receiver organization of your own personal information was at an eu condition, that was as well as an employing condition off Meeting 108 and extra Method 181, it transborder import out-of personal data was legal pursuant towards Conference 108, Additional Method 181 and you may Article ninety from Composition and cannot getting subject to one prohibition otherwise unique authorisation.
