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 Prime Ministry Human Rights Investigation Commission former Chairman Assistant Professor Vahit Bicak says the draft brings important guarantees but stipulates these guarantees are revoked by derogations of unclear scope.
(Today's Zaman, 02.12.2005) The Ministry of Justice made a new amendment to end discussions of "keeping track records" following the groundwork of adaptations for the European Union (EU). No "track records will be kept" without the individual's consent from now on.
The issue of collecting personal data of citizens by various institutions and establishments has been discussed in Turkey for years. The "intrusion of private life" was always at the center of the discussions, heated at times. The Ministry of Justice made a legal amendment for the practices known to the public as "keeping track records". The ministry completed the "Draft Law about Protection of Personal Data" that it has long been working on, and sent it to the Prime Ministry. According to the draft, personal data will be processed in agreement with the laws and rules of honesty; they will be collected for certain, evident and legitimate goals. Information concerning the individuals' race, political opinion, religion, sect, club memberships, health and conviction cannot be recorded. While collecting data for a person, the person's consent will be asked. An independent "High Council of Protecting Personal Data" will be set up for the examination of complaints and for control; however, the draft includes some derogations to these rules. According to the section of "derogations," the part in the draft receiving strong reactions, relevant institutions will be able to bend the rules of this is for security, public order, crime prevention and the state's economic benefits. They will be able to record information on race, political opinion, religion and sects.
Jurists find the scope of exceptions detailed in the draft prepared in the frame of adaptation to EU regulations too wide and uncertain; and think the law will be unable to prevent misuse. Prime Ministry Human Rights Investigation Commission former Chairman Assistant Professor Vahit Bicak says the draft brings important guarantees but stipulates these guarantees are revoked by derogations of unclear scope. Minister of Justice Cemil Cicek answers criticisms by using the regulations in the EU countries as an example. Cicek emphasized the amendment is in agreement with the Council of Europe treaty no 108 concerning Protection of Personal Data, and the European Commission's directives on this issue states the provisions about the exceptions are translated verbatim from the treaty and text of directives.
The constitutions of the European Union (EU) member countries have similar derogations, said the minister of justice:
"Many public and private institutions are collecting personal information about the citizens in a haphazard fashion. These things are not being checked. We have worked out a formula with the idea in mind of preventing further misuses, as well as arbitrary handling of personal information."
The institutions that the bill does not treat as derogations will have to obtain the consent of a individual when personal information about the person is to be registered. Such institutions will bear the burden of informing the person about for what purposes his/her personal information will be used, and to whom such information might be transferred. The citizens will be entitled to apply to the institutions that register information, with the exception of such issues as security and social order, for learning whether any personal information about him/her has been registered and for access to the information collected about him/her.
In the upcoming days, the bill is expected to be put to vote in the Cabinet. The bill not only covers public institutions, but also members by their professions, customers and all the persons and civic institutions that collect information about other people and the media. Hospitals, telephone companies, insurance organizations, schools and universities, political parties, labor unions, associations, chambers and media companies will be allowed to register information personal information in accordance with the principles, as well as responsibilities that the Act carries.
02.12.2005
Murat Aydin Ankara |
