Page 62 - On-merged

THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

in the event that the content of the act, its relevance with the plaintiff, information on
the administration proceeding the act was involved in the relative notification letter,
and if the act proceeded cannot be disclosed to the person concerned, then relative
information must be clearly provided in the document issued for notification purposes,
without casting doubt on any proceeding. It was underlined that for the terms of
litigation to start, notifying the person concerned in writing according to procedural
rules in conformity with the Notification Law was inadequate, the notification must
involve the act proceeded in a “clear” and “understandable” manner; in addition, the
grounds of the act must be included in the relative notification letter as well with
a view to ensuring that the person concerned can scrutinise the compliance of the
administrative act with the law.
PROTECTION OF PERSONAL DATA

The principle of protection of personal data regulates the purposes for and means
through which the acts of acquiring, retaining, processing and storing all kinds
information that identifies a person directly or indirectly can be carried out, and the
available remedies in cases where illegal situations arise during the conduct of such acts.

The protection of personal data is recognised as a separate fundamental right and
freedom in the Constitution, and it has a vital importance considering the fact that it
is directly associated with the protection of private life and the right to privacy, which
is another fundamental right and freedom.

The principle of protection of personal data stipulates the following:

• Collecting and processing personal data in accordance with the principles and
procedures established by legal arrangements,

• Ensuring that the personal data are kept and processed by the authorised persons
and taking measures to preclude non-authorised third parties from accessing to
such data,
• Ensuring that the individuals can learn the parties who collect and process their
personal data, the type of data being processed, and the purpose of the collecting
and processing such data.
Case Study

In the Decision dated 29/04/2014 of the European Court of Human Rights on the
L.H./Latvia application no. 52019/07, it was claimed that the right to respect for private
life was violated on the grounds that the applicant’s personal medical data was obtained
by a public institution without his consent.

2019 ANNUAL REPORT 61