Orçun Çetinkaya, LL.M. and Burak Baydar of Moroglu Arseven write:
The Constitutional Court recently considered a claim that Article 136(1) of the Turkish Criminal Code (“Criminal Code“) is unconstitutional because there is no clear definition or limitation for the phrase “personal data”, violating Article 20 (right to privacy) and Article 38 (principle of legality) of the Turkish Constitution (decision number 2015/32, 12 November 2015). The Constitutional Court rejected the claim, ruling that technological developments mean it is impossible for legislators to specify all types of “personal data”.
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