Due to the fact that transborder transfer of information from Turkey concerns many uncertainties in practice additionally the Panel cannot publish the list of places which have suitable amount of safety, it is technically impossible to be certain that compliance into legislation oftentimes. This situation composed an expectation that the Board would not decide into a pass away from transborder transmits and would not impose administrative fines underneath the current criteria. not, as opposed to which presumption, the fresh Panel imposed a good number of management fine on the Amazon Poultry centered on a few violations, including the pass regarding your transborder transfer from information that is personal.
Some of the criticised situations should be summarized as follows:
Contained in this Board azon Turkey, due to the fact controller, got registered their efforts into the Board on agreement out of the fresh new alarmed transborder transfers regarding personals data, although Board had not but really selected this matter. For this reason, it was underlined by Board your best judge option to own Auction web sites Turkey’s transborder transfers regarding private information would be to obtain the explicit agree of the worried research topic. It absolutely was determined that the method followed closely by Craigs list didn’t have explicit agree and you will wasn’t within the conformity into the processes established by PDP Legislation.
The present day guidelines hence Panel choice are based on Turkey’s authorities rules to the making certain that information is organized into the country.
- The fresh new Board’s thin and you will exact translation of PDP Law, their scottish women personals failure to consider the law general, as well as failure to be the cause of around the globe exhibitions duly enacted in the accordance that have Blog post ninety of Structure, especially the Conference 108 and More Protocol 181.
- The latest Board’s greeting off explicit agree once the merely appropriate system from inside the transborder transmits of the information that is personal and its argument with the fresh Board’s other decisions and you will assistance of your own Power.
- The new impossibility away from transborder transfers out of private information solely on basis of your specific concur of your own alarmed studies topic, specifically for highest-scale enterprises otherwise companies with lots of professionals otherwise contacts abroad.
- The newest Board’s refusal to share the list of countries with appropriate quantities of defense for decades, but its ability to build such conclusion, if this doesn’t complete its very own responsibility, and therefore comprises among foundations for court compliance into the transborder transmits.
- The reality that the Panel don’t approve one transborder transfers under the filed undertakings, and additionally Craigs list Turkey’s software, with the date of your own decision .
step 3.4. Panel decision towards the Convention 108
This choice are away from form of characteristics because of the Board’s translation from how Discussion 108 and extra Method 181 will likely be applied inside residential laws.
Since device of getting the new explicit concur of your data topic to have transborder transfers of the personal data is tough in behavior, it absolutely was chatted about whether or not information that is personal could be moved to brand new hiring claims in accordance with the first laws inside the Article several(2) of your own Summit 108. As the Panel had not announced new places having compatible accounts of protection, it had been contended one to pursuant on Conference 108, it had been it is possible to to adopt the personal research transmits on the hiring says of one’s Seminar 108 due to the fact legitimate. Additionally, new transborder import strategy within the Board’s newest Rule on Transborder Import out-of Personal data served which translation.
In such a case, the appropriate operator claimed you to definitely since the person providers of your personal data was a student in an eu county, that was plus a hiring condition out-of Meeting 108 and extra Process 181, this transborder transfer from information that is personal was legitimate pursuant on the Summit 108, Extra Process 181 and you can Article 90 off Constitution and cannot end up being subject to one ban otherwise unique authorisation.