However, so it decision contains of several issues which might be accessible to problem

Because transborder transfer of information out-of Poultry comes to of many uncertainties in practice while the Panel doesn’t publish the menu of places that have compatible number of defense, it’s become theoretically impossible to ensure compliance on the legislation in many cases. This case authored a hope that Panel wouldn’t select for the a solution out of transborder transfers and you may would not impose management fines within the most recent criteria. not, contrary to this assumption, the newest Panel enforced a good number of management good into Amazon Chicken based on some violations, like the citation concerning your transborder transfer from personal data.

A number of the criticised points will likely be described below:

Contained in this Board azon Chicken, just like the operator, got filed their endeavors towards Panel into consent out of brand new worried transborder transfers off personals study, although Board hadn’t yet selected this issue. For this reason, it had been underlined of the Board your sole court choice getting Craigs list Turkey’s transborder transfers from personal data would be to see new specific consent of one’s worried data topic. It actually was concluded that the process followed by Craigs list failed to include specific concur and wasn’t from inside the conformity into the process set forth because of the PDP Laws.

The present day laws hence Board decision are based on Turkey’s authorities coverage toward ensuring that data is organized inside nation.

1. The newest Board’s thin and you may exact interpretation of your own PDP Laws, their incapacity to consider the law overall, and its particular incapacity so you’re able to take into account all over the world exhibitions duly enacted when you look at the conformity that have Article 90 of your Structure, especially the Summit 108 while the Even more Protocol 181.
2. The fresh new Board’s invited of specific concur because merely appropriate mechanism within the transborder transmits of the private information and its particular dispute which have this new Board’s other choices and you will advice of your Power.
3. The fresh new impossibility away from transborder transmits of information that is personal only on basis of one’s direct concur of the alarmed research subject, specifically for high-level companies or people with quite a few professionals or relationships abroad.
4. The latest Board’s refusal to publish the list of nations which have suitable amounts of security for years, but its ability to build instance decisions, whether it will not complete its very own duty, and therefore constitutes among the foundations to have court conformity inside the transborder transfers.
5. The fact that new Panel didn’t approve any transborder transmits beneath the submitted endeavors, in addition to Amazon Turkey’s app, into date of your own choice .

step three.cuatro. Board decision to your Summit 108

This choice is actually out-of form of strengths because of the Board’s interpretation regarding how Discussion 108 and additional Process 181 might be applied inside the domestic laws.

Given that device of experiencing the fresh direct consent of the investigation topic to have transborder transfers of one’s information that is personal is difficult into the practice, it absolutely was chatted about whether personal data would-be relocated to the newest hiring claims based on the very first rule in Article twelve(2) of your Meeting 108. Because Board hadn’t launched this new nations having suitable levels from cover, it was contended you to pursuant for the Meeting 108, it absolutely was you’ll to adopt the personal study transfers toward contracting says of your own Convention 108 while the legal. Also, brand new transborder import program as part of the Board’s newest Rule Еџimdi buraya tД±klayД±n with the Transborder Import out of Private information offered that it translation.

In this situation, the relevant controller said you to definitely because the receiver company of your own personal data was in an eu condition, that has been along with a hiring county off Convention 108 and extra Process 181, it transborder import away from private information are legal pursuant into Meeting 108, Extra Method 181 and you may Post ninety out of Constitution and cannot become subject to one ban otherwise special authorisation.